
Class __HtaOL — 
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TheS 



DRAFT OF 

THE PRISON LAW 



PREPARED BY 



The Commissioners of Statutory Revision. 

(To bi Submitted to thb Legislators of 1899.) 




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RAFT OK 



THE PRISON LAW. 



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PREPARED BY 



The Commissioners of Statutory Revision. 



(To be Submitted to the Legislature of 1899.) 



(Kiev- y, 



WYNKOOP HALLENBECK CRAWFORD CO., 

STATE PRINTERS, 

NEW YORK AND ALBANY. 

1898. 



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PRELIMINARY NOTE. 



The Prison Law is submitted herewith as a proposed chapter 
of the general laws. It contains a revision of all general laws 
relating to county jails, penitentiaries, state reformatories for 
male adults and state prisons. All provisions respecting the 
powers and duties of officers of such institutions and the care, 
treatment and employment of prisoners confined therein are 
included. 

The provisions of the present law relating to county jails and 
prisoners confined therein are now found in the county law (L. 
1892, ch. 686), §§ 94-103 and the code of civil procedure, §§ 110- 
189. These sections are transferred to this law and arranged 
in articles thereof without material change. The county peni- 
tentiaries are established and controlled pursuant to special 
statutes severally applicable to each of them. We have not at- 
tempted to adapt any general scheme of mangement to these 
institutions. The statutes generally applicable to all such insti- 
tutions are included without change, except as noted at the end 
of each section. (See Article IV.) 

Chapter 711 of the Laws of 1887 provides for the management 
of the Elmira reformatory. We have revised this law, making 
it applicable to the Eastern reformatory at Napanoch when ready 
for occupancy. Some changes are suggested in the revision 
which are explained and commented upon in the notes. (See 
Article V.) 



IV 



The state prisons are now managed and controlled pursuant 
to Part IV, chap. 2, title II, of the Revised Statutes, as amended 
by L. 1889, chap. 382. This part of the Revised Statutes is in- 
cluded in articles of the proposed revision. The changes made 
are, for the most part, verbal and do not affect the system of 
administration now in force. The organization, powers and duties 
of the State Commission of Prisons are set forth in Article XXII 
of the proposed law. This article is a re-enactment of L. 1895, ch. 
1026. The changes made are noted at the end of the sections. 

The revision also embraces * the provisions of the present 
statutes relating to the execution of the death penalty, the em- 
ployment of prisoners in penitentiaries and state prisons, the 
manufacture of supplies therein for the use of the state and 
the political divisions thereof, the discipline and commutation for 
good conduct of prisoners and reprieves, commutations and par- 
dons by the governor. 

Each article contains at the beginning thereof a brief note ex- 
plaining its scope and application. Under each section is a refer- 
ence to the section of the present law from which it is derived, 
with a statement of the changes made, if any, and the reasons 

therefor. 

CHARLES Z. LINCOLN, 

WILLIAM H. JOHNSON, 

A. JUDD NORTHRUP, 

Commissioners of Statutory Revision. 
Albany, N. Y., September 15, 1898. 



AN ACT 

In relation to prisons, constituting chapter fifteen of the general 

laws. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

CHAPTER XV OF THE GENERAL LAWS. 

THE PRISON LAW. 

Article I. Penal institutions; definitions. (§§1-12.) 
II. Jails. (§§ 20-50.) 

III. Confinement of civil prisoners; jail liberties. (§§ 60- 

85.) 

IV. Penitentiaries. (§§ 90-96.) 
V. Reformatories. (§§ 100-127.) 

VI. State prisons; officers. (§§ 140-157.) 
VII. State prisons; finances and property. (§§ 160-174.) 
VIII. State prisons; sentence, reception, transportation 
and transfer of prisoners. (§§ 180-188.) 
IX. State prisons; special provisions relative to care and 
treatment of prisoners. (§§ 200-208.) 
X. State prisons; board of parole; parole of prison- 
ers. (§§ 220-229.) 
XI. State prisons; prisoners under sentence of death; 
execution of sentence. (§§ 240-249.) 



2 
Article XII. State prison for women. (§§ 250-257.) 

XIII. Dannemora hospital for insane convicts. (§§ 260-274.) 

XIV. Classification and employment of prisoner!. (§§ 280- 

288.) 
XV. Manufacture of supplies in penal institutions for 
use of state and political divisions thereof. 
(§§300-311.) 
XVI. Conduct of manufacturing industries in state pris- 
ons. (§§ 320-331.) 
XVII. Compensation of prisoners in state prisons and peni- 
tentiaries. (§§ 340-343.) 
XVIII. Discipline and commutations for good conduct 
(§§350-361.) 
XIX. Reprieves, commutations and pardons by the gov- 
ernor. (§§ 370-375.) 
XX. Miscellaneous provisions. (§§ 380-385.) 
XXI. State commission of prisons. (§§ 390-398.) 
XXII. Laws repealed; when to take effect. (§§ 400-401.) 
ARTICLE I. 

PENAL INSTITUTIONS; DEFINITIONS. 

Section 1. Short title. 

2. Definition of penal institution. 

3. Classification. 

4. Jails. 

5. Penitentiaries. 

6. Reformatories. 



Section 7. State prisons. 

8. Warden. 

9. Superintendent. 

10. Commission. 

11. Prisoner. 

12. Political division. 

[General note. — This article contains definitions of certain 
terms commonly used in subsequent articles of the bill, and are 
inserted so that a shorter term may be used for all that it signi- 
fies. The statute is thus divested of many useless words. 

We have also classified the several penal institutions treated 
in this chapter and declared the purpose for which each of such 
institutions is maintained.] 

§ 1. Short title. — This chapter shall be known as the prison 
law. 

§ 2. Definition of penal institution. — The term " penal institu- 
tion," when used in this chapter, means an institution used, wholly 
or in part, for the confinement of persons convicted of crime, held 
awaiting trial or the action of a grand jury, detained as witnesses 
or as civil prisoners, except institutions of a correctional 
or reformatory character used solely for the imprisonment of fe- 
males convicted of a misdemeanor, or of children under the age of 

sixteen years, when convicted of either a misdemeanor or a felony. 
[New. By article VIII, § 11, of the constitution, the state 
commission of prisons is vested with the power of visitation and 
inspection of all " institutions used for the detention of sane 
adults charged with or convicted of crime, or detained as wit- 
nesses or debtors." It is designed to include in this chapter of 
the general laws institutions which are subject to the visitation 
of the state commission of prisons.] 



4 
§ 3. Classification. — For the purposes of this chapter the fol- 
lowing are treated as penal institutions. 

1. Jails. 

2. Penitentiaries, i 

3. Reformatories. 

4. State prisons. 

i[New.] 

§ 4. Jails. — Jails are established and maintained by counties 
for the confinement or detention of: 

1. Persons charged with crime, and committed for trial, exam- 
ination, or to await the action of a grand jury. 

2. Persons convicted and sentenced to imprisonment therein 
for an offense other than a felony. 

3. Persons awaiting transportation under a sentence of im- 
prisonment in another penal institution. 

4. Persons duly committed to secure their attendance as wit- 
nesses in a criminal case. 

5. Persons duly committed for a contempt or upon a civil pro- 
cess. 

[This section is derived from; County Law, § 90, which pre- 
scribes the use of county jails. 

Subdivision 1 of the above section is the same as subdivision 2 
of such § 90, except that the words " or to await the action of a 
grand jury " are added. 

Subdivision 2 is the same as the first clause of subdivision 4. 
Subdivision 3 corresponds to the last clause of subdivision 4. 
Subdivisions 4 and 5 are the same as subdivisions 1 and 3 of the 
present § 90.] 



5 
§ 5. Penitentiaries. — Penitentiaries are established and main- 
tained by counties for the confinement of persons convicted of: 

1. Misdemeanors. 

2. Felonies, where the sentences imposed are for terms of less 

than one year. 
[New.J 

§ 6. Reformatories. — (Reformatories, for the purposes of this 
chapter, are state institutions for the confinement and reforma- 
tion of male persons, convicted of felonies, who have not been 
before convicted of crime punishable by imprisonment in a state 
prison, and who are, at the time of their conviction, between the 

ages of sixteen and thirty years. 
.[New.] 

§ 7. State prisons. — State prisons are for the imprisonment of 

persons over the age of sixteen years convicted of felonies and 

sentenced thereto for terms of one year or more. 
[New.] 

§ 8. Warden. — The agent and warden of a state prison is desig- 
nated in this chapter as the warden thereof. 

[New. By article V, § 4, of the constitution, the term " agent 
and warden " is used. For convenience of reference and use in 
this chapter, such officer is to be designated as the warden.] 

§ 9. Superintendent. — The term " superintendent " when used 
in this chapter, unless otherwise indicated, means the superin- 
tendent of state prisons. 

[New.] 



6 

§ 10. Commission. — The term " commission " when used in thi» 

chapter, means the state commission of prisons. 
[New.] 

§ 11. Prisoner. — The term " prisoner " as used in this chapter 
means a person imprisoned in a penal institution, or detained 
therein or held in custody elsewhere, under process of law, or 

arrest. 

[New.] 

§ 12. Political division. — The term " political division," when 

used in this chapter, includes a county, city, village, town or 

school district. 
[New.] 

ARTICLE II. 
JAILS. 

Section 20. Maintenance of jails. 

21. Supervision, management and control. 

22. Removal of prisoners from one jail to another in 

same county. 

23. Number of rooms. 

24. Separation of prisoners. 

25. Custody of prisoners. 

26. Conversations of prisoners. 

27. Food of prisoners. 

28. Reading matter; divine service. 

29. Jail physician. 

30. Prisoner committed for contempt. 



7 
Section 31. Commitments by United States courts. 

32. Record of commitments. 

33. Keepers to present list of prisoners detained, to 

courts. 

34. Prisoners to be discharged if not indicted. 

35. Removal of prisoners by writ of habeas corpus. 

36. Prisoner to be discharged if unable to pay fine. 

37. Sheriff or other officer not to receive anything of value 

from a prisoner. 

38. Charges for jail accommodations. 

39. Service of papers on prisoner. 

40. Conveyance of prisoners through other counties. 

41. Removal of prisoners in case of fire. 

42. Removal of sick or injured prisoners. 

43. Designation of another place as county jail. 

44. Copy of designation to be served on sheriff of con- 

tiguous county. 

45. When and how designation to be revoked. 

46. Houses of detention for witnesses. 

47. Jail, prisoners and papers to be delivered to new 

sheriff. 

48. Statement of delivery. 

49. Orders of arrest to be delivered to and returned by 

new sheriff. 

50. Delivery, how enforced. 



8 

[General note. — We have included in this article a revision of 
the present statutes relating to the maintenance, management 
and control of jails; the custody, treatment and separation of 
prisoners therein; the designation of the jail of another county 
as the jail of a county whose jail has been destroyed or aban- 
doned, and all other matters pertaining to jails and the confine- 
ment of prisoners therein. 

As will be observed by the notes to the several sections, the 
article is derived from §§ 94-103 of the county law (L. 1892, chap. 
686) and the several sections of the code of civil procedure relat- 
ing to jails and jail discipline. There seems no good reason why 
provisions concerning the management of a jail should be re- 
tained in the code of civil procedure, which should properly be 
restricted to matters of practice in civil courts. The transfer of 
the sections of the county law above referred to, is made so that 
this chapter may contain all substantive law relating to jails.] 

§ 20. Maintenance of jails. — There shall be in each county one 

or more jails. The maintenance of such jails and the inmates 

thereof shall be a county charge. 

[By the County L., § 230, sub. 1, it is provided that " the ex- 
penses necessarily incurred in the support of persons charged 
with, or convicted of crimes, and committed to the jails of the 
county," are a charge upon the county.] 

§ 21. Supervision, management and control. — The sheriff of 
each county shall have the general supervision, management and 
control of the jails thereof, and the custody of the persons con- 
fined therein; and such jails shall be kept by him, or by keepers 
appointed by him, for whose acts he shall be responsible. The 
term " keeper," when used in this article, means the sheriff or 

the person appointed by him to keep the jail. 

[County L., § 183, provides that : " Each sheriff shall have 
the custody of the jails of his county, and the prisoners therein 
and such jails shall be kept by him, or by keepers appointed by 
him, for whose acts he shall be responsible." The first sentence 
of the proposed section is a re-enactment of the substance of 



9 

such section of the county law. A similar provision is also found 
in § 121 of the code of civil procedure. The last sentence of the 
proposed section is new.] 

§ 22. Removal of prisoners from one jail to another in same 

county. — The sheriff of a county having more than one jail may 

confine a person committed thereto in either, and may remove 

him from one jail to another, whenever, for any reason, he deems 

it necessary. 

[This section is derived from § 122 of the code of civil pro- 
cedure. The changes made are verbal. 

The section of the code reads as follows: 

" The sheriff of a county in which there is more than one jail, 
may confine a prisoner in either, and may remove him from one 
jail to another, within the county, whenever he deems it neces- 
sary for his safe keeping or for his appearance at court."] 

§ 23. Number of rooms. — Each jail shall contain a sufficient 
number of rooms: 

1. For the separate confinement of persons detained as wit- 
nesses in criminal cases, or committed on civil process or for 
contempt. 

2. For the separate confinement of persons awaiting the act*oa 
of a grand jury or trial after indictment. 

3. For the solitary and separate confinement of prisoners under 
sentence, while such prisoners are not employed as provided by 

this chapter. 

[County L., § 91. The proposed section does not modify the 
present law, except that the words " while such prisoners are not 
employed as provided by this chapter " are added in subdivision 
3. It is proposed that persons detained as witnesses be con- 
fined apart from those charged with crime. Such persons should 
in no case be classed as criminals. We have deemed it more 
appropriate to class such persons with civil prisoners.] 



10 

§ 24. Separation of prisoners. — All persons confined in jail 
shall, as far as practicable, be kept separate from each other. 
In no case shall a prisoner, arrested in a civil cause, or detained 
as a witness or for contempt, be kept in the same room or allowed 
to associate with a prisoner convicted of crime, or detained on a 
criminal charge; nor shall a person in confinement awaiting the 
action of a grand jury, or trial after indictment, be kept in the 
same room or allowed to associate with a prisoner convicted of 
crime. 

Female prisoners shall not be kept in the same room or allowed 
to associate with male prisoners. But a husband and his wife 
may be kept together in a room wherein there are no other 

prisoners. 

[County L., § 92, in part, and code of civil procedure, §§ 123, 
124. The parts of § 92 of the County Law not contained in this 
section, will be found in §§ 25, 26, post. 

We have inserted the words " or allowed to associate with." 
As the law now reads a woman " detained in jail upon a criminal 
charge, or as a convict under sentence, shall not be kept in the 
same room with a man; and if detained on civil process, or for 
contempt, or as a witness, she shall not be put or Kept in the 
same room with a man, except with her husband, in a room in 
which there are no other prisoners." The language is modified 
by the revision, but with no material change. (Section 124 of the 
code of civil procedure is the same as the part of § 92 of the 
County Law which is quoted.] 

§ 25. Custody of prisoners. — Each sheriff shall receive and safely 

keep in the jails of his county, all persons lawfully committed to 

his custody, for safe-keeping, examination or trial, or sentenced to 

imprisonment therein upon conviction of a contempt or criminal 



11 

offense. He shall not, without lawful authority, let any such 

person out of jail. 

[This section is a proposed re-enactment of the first two sen- 
tences of § 92 of the County Law.] 

§ 26. Conversations of prisoners. — All persons confined in a 
jail shall be allowed to converse with their counsel, or religious 
adviser, under such reasonable regulations and restrictions as the 
keeper of the jail may prescribe. Prisoners under sentence shall 
not be allowed to converse with any other person, except in the 
presence of a keeper. The keeper may prevent all other conver- 
sation by prisoners when he shall deem it necessary or proper. 

■[County L., § 92, the last three sentences, with no change.] 

§ 27. Food of prisoners. — All persons committed to a jail, ex- 
cept civil prisoners supporting themselves, shall be provided with 
a sufficient quantity of plain but wholesome food at the expense 
of the county; but all prisoners, except those under sentence, may, 
at their own expense and under the direction of the keeper, be 
supplied with any other proper articles of food. 

[This section is derived from the first sentence of § 93 of the 
County Law, as amended by L. 1896, chap. 826. By such section, 
it is provided that " prisoners detained for trial and those under 
sentence shall be supported at a county expense." The language 
of the proposed section recognizes the charge imposed upon the 
county for the support of civil prisoners, when they declare, under 
oath, that they are unable to support themselves, as provided in 
§ 113 of the code of civil procedure.] 

§ 28. Reading matter; divine services. — The keeper of a jail 

shall provide a Bible to be kept in each room thereof. He shall 

permit the persons therein confined to be supplied with other 

suitable and proper books and papers. He shall cause divine 



12 
services to be conducted for the benefit of the prisoners, at least 
once each Sunday, if there is a room in the jail that may be 
safely used for that purpose. All prisoners may attend such 

services. 

[County L., § 94. Under the present law it is provided that 
the sheriff shall cause divine services to be held in the jail, if 
practicable, and if there is a room in the jail that may be safely 
used for that purpose. The words " if practicable " are omitted 
in the revision. It is proposed that divine services shall be held 
if there is a suitable room in the jail.] 

§ 29. Jail physician. — The board of supervisors of each county, 

except the counties entirely embraced within the city of New 

York, must appoint some reputable physician, duly authorized to 

practice medicine, as the physician to the jail of the county. If 

there is more than one jail, they must appoint a physician to each. 

The sheriff of each county embraced entirely within the 

city of New York must appoint a similar physician to each jail 

within such county. The physician to a jail holds his office at the 

pleasure of the board or officer who appointed him, except in the 

county of Kings. In that county, the term of his office is three 

years. 

[Code Civ. Pro., § 126. The section of the code now provides 
that in the city of New York, the common council appoint a physi- 
cian to the jail of that city and county. Since the passage of the 
Greater New York charter, the city embraces all of the counties 
of New York, Kings and Richmond, and it is therefore proposed 
to authorize the sheriff of each county in such city to appoint the 
jail physician to each jail under his charge.] 

§ 30. Prisoner committed for contempt. — A prisoner com- 
mitted to jail upon process for contempt or for misconduct in a 
case prescribed by law, must be actually confined and detained 



13 
within the jail, until he is discharged by due course of law or is 
removed to another jail or place of confinement in a case pre- 
scribed by law. A sheriff or keeper of a jail, who suffers such 
a prisoner to go or be at large out of his jail, except by virtue of 
a writ of habeas corpus, or by the special direction of the court 
committing him, or in a case specially prescribed by law, is liable 
to the party aggrieved for his damages sustained thereby and is 
guilty of a misdemeanor. If the commitment was for the non- 
payment of a sum of money, the amount thereof with interest is 

the measure of damages. 

[Code of Giv. Pro., § 157, with no change.] 

§ 31. Commitments by United States courts. — A keeper of a jail 

shall receive and keep therein every person duly committed 

thereto charged with or convicted of an offense against the 

United States, if sentenced to imprisonment for less than one 

year, by any court or officer of the United States within this state, 

until he shall be duly discharged, and such person so committed 

shall be supported therein at the expense of the United States. 

[County L.,§ 96. The words " charged with or convicted of" are 
inserted for the word "for." The words "if sentenced to imprison- 
ment for less than one year " are new. The same reason exists 
for prohibiting the imprisonment of United States criminals con- 
victed of felony in county jails as in penitentiaries. It is con- 
trary to the present policy of our penal institutions to authorize 
imprisonment of convicted criminals of the grade of felons, in 
county jails.] 

§ 32. Record of commitments. — Each keeper shall keep a record 

of the date of entrance, name, cause of commitment, by whom 

committed, age, sex, color, place of residence when committed, 



14 
and date and manner of discharge of each person delivered to 
his charge. In the case of a prisoner received under a sentence, 
such record shall also contain the offense for which he was sen- 
tenced, term of sentence, fine imposed, if any, place of birth, 
social relations, education, religious belief, trade or occupation, 

how employed, when arrested and number of previous conviction*. 

[The first sentence of this section is new. The second sentence 
is derived from County Law, § 95. Under the proposed section 
the same records of prisoners received under sentence will be 
required as under the present law. The only change in the sec- 
tion is to require a different record of prisoners not detained 
under sentence.] 

§ 33. Keepers to present list of prisoners detained, to courts. — 

Each keeper shall present to every term of the supreme and 

county courts having a grand jury, to be held in his county, at 

the opening of the court, a list stating: 

1. The name of every prisoner then detained in such jail other 
than those under sentence, and United States prisoners. 

2. The time when he was committed and by virtue of what 
precept. 

3. The cause of his detention. 

[County L.. § 97. The word " list " is used instead of " calen- 
dar." The present law requires the sheriff to present the names 
of all prisoners detained in jail. We have excepted prisoners 
under sentence and United States prisoners. The evident inten- 
tion of the present law is to inform the courts having grand 
juries of the names and characteristics of prisoners detained 
awaiting the action of such courts.] 

§ 34. Prisoners to be discharged if not indicted. — Within 

twenty-four hours after the discharge of a grand jury the court 

shall cause every person confined in a jail on a criminal charge 



15 

to await the action of the grand jury, who has not been indicted, 

to be discharged without bail, unless satisfactory cause shall be 

shown for his further detention, or, if the case may require, on 

bail, until the meeting of the next grand jury in the county. 
[County L., § 98, without change.] 

§ 35. Removal of prisoner by writ of habeas corpus. — During a 

term of the supreme court having a grand jury in any county, no 

person detained in a jail of such county upon a criminal charge, 

shall be removed therefrom by writ of habeas corpus, unless such 

writ shall have been issued by or shall be made returnable before 

such court. 

[County L., § 99, without change.] 

§ 36. Prisoner to be discharged if unable to pay fine. — The 
county court may, in its discretion, discharge a person confined 
in a jail of such county for the nonpayment of a fine, not exceed- 
ing two hundred and fifty dollars, imposed for a criminal offense 
and against whom no other cause of detention exists, on satisfac- 
tory proof being made to the court that he is and has been ever 

since his conviction unable to pay such fine. 

[County L., § 100. See Code of Crim. Pro., § 484, relating to 
the power of a court to remit a fine.] 

§ 37. Sheriff or other officer not to receive anything of value 
from a prisoner. — A sheriff or other officer shall not charge, de- 
mand or receive from a person whom he has arrested or has in 
control, any money or other valuable thing for anything furnished 
or provided for the officer or for the prisoner at any hotel, saloon 
or other place; nor shall he demand or receive from such prisoner, 



16 

while in his custody, a gratuity or reward, upon any pretense, 
for keeping him out of jail, for going with him or waiting for 
him to find bail, or to agree with his adversary, or for any other 

purpose. 

[The first clause of this section is derived from § 113 of the 
Code of Civ. Pro. The present law prohibits a charge for " any 
drink, victuals or other thing furnished or provided for the officer 
or for the prisoner at any tavern, ale-house, or public victualing 
or drinking house." No change in substance is made by the 
revision. 

The last clause is now § 114 of the Code of Civ. Pro., and is 
inserted without change.] 

§ 38. Charges for jail accommodations. — A sheriff, jailor, or 
other officer shall not demand or receive money or any valuable 
thing for chamber rent in a jail, or any fee, compensation, or 
reward for the commitment, detaining in custody, release, or dis- 
charge of a prisoner, other than the fees expressly allowed there- 
for by law. 

[Code Civ. Pro., § 117, without change.] 

§ 39. Service of papers on prisoner. — A sheriff or jailor, upon 
whom a paper in an action or special proceeding, directed to a 
prisoner in his custody, is lawfully served, or to whom such a 
paper is delivered for a prisoner, must, within two days there- 
after, deliver the same to the prisoner, with a note thereon of the 
time of the service thereof upon, or the receipt thereof by him. 
For a neglect or violation of this section, the sheriff or jailor 
guilty thereof is liable to the prisoner for all damages occasioned 
thereby. 

Subject to reasonable regulations prescribed by the sheriff, 



17 

access to a prisoner shall be allowed for the personal service, 

when necessary, of a paper in an action or special proceeding 

to which the prisoner is a party. 

[Code Civ. Pro., §§ 131, 132, without change.] 

§ 40. Conveyance of persons through other counties. — A sheriff 
or other officer who has lawfully arrested a prisoner, may convey 
him through one or more counties, in the ordinary route of travel, 
from the place where the prisoner was arrested, to the place 
where he is to be delivered or confined. 

A prisoner so conveyed, or the officer having him in custody, 

is not liable to arrest in any civil action or special proceeding, 

while passing through another county. 

[Code Civ. Pro., §§ 118, 119, without change.] 

§ 41. Removal of prisoners in case of fire. — If a jail or a build- 
ing near a jail is on fire, and there is danger that the prisoner! 
confined in the jail may be injured or may escape, the sheriff or 
keeper may remove them to some safe and convenient place 
and there confine them: until they can be safely returned 
to the jail, or, if the jail is destroyed or unfit or unsafe 
for the confinement of the prisoners, until a place is designated 
as prescribed in this chapter; and when so designated the pris- 
oners may be removed thereto, and confined therein. 

[Code Civ. Pro., § 143, without change.] 

§ 42. Removal of sick or injured prisoners. — If the physician 
or acting physician of a jail and the keeper thereof certify in 
writing that a prisoner confined therein is sick or injured, and 



18 

that treatment or a surgical operation is required, which can not 
be furnished or performed within the jail, the county judge, or 
in the county of New York, one of the justices of the 
supreme court of the first judicial district, may, upon 
application by any person, order the removal of such 
prisoner to a proper hospital designated by such judge or jus- 
tice, nearest to such jail. If such prisoner is confined in such 
jail awaiting trial or the action of a grand jury, notice of the 
time and place of making such application shall be given to the 
district attorney of the county wherein such prisoner is to be 
tried. 

The chief officer of the hospital to which such prisoner is re- 
moved shall have the custody of and detain such prisoner until 
he is sufficiently recovered to be returned to the jail. Upon 
notice of such recovery, the keeper of the jail shall resume the 

custody of his prisoner. 

£There is at present no provision authorizing the removal of a 
prisoner confined in a jail for medical or surgical treatment, ex- 
cept in case of a civil prisoner. The effect of the proposed sec- 
tion is to extend the power of removal of prisoners for treatment 
to all prisoners. Some change has been made in the revision. 
We insert § 127 of the code of civil procedure for comparison: 

§ 127. Removal of sick prisoners. — If the physician to a jail, or, 
in case of a vacancy, a physician acting as such, and the warden 
or jailor, certify in writing, that a prisoner, confined in the jail in 
a civil cause, is in such a state of bodily health, that his life will 
be endangered, unless he is removed to a hospital for treatment, 
the county judge, or, in the city and county of New York, one of 
the justices of the supreme court, must, upon application, make 
an order, directing the removal of the prisoner to a hospital 
within the county, designated by the judge; or, if there is none, 
to such nearest hospital as the judge directs; that the prisoner 



19 

be kept in the custody of the chief officer of the hospital, until 
he has sufficiently recovered from his illness, to be safely returned 
to the jail; that the chief officer of the hospital then notify the 
warden or jailor, and that the latter thereupon resume custody 
of the prisoner. If the prisoner actually escapes, while going to, 
remaining at, or returning from the hospital, a new execution 
may be issued against his person, if he was in custody by virtue 
of an execution; or, if he was in custody by virtue of an order 
of arrest a new order of arrest may be granted, upon proof by 
affidavit of the facts specified in this section, without other proof, 
and without an undertaking.] 

§ 43. Designation of another place as county jail. — Whenever: 

1. There is no jail in the county; or 

2. The jail becomes unfit or unsafe for the confinement of some 
or all of the prisoners; or 

3. The jail is destroyed by fire or otherwise; or 

4. A pestilential disease breaks out in the jail or in its vicin- 
ity, and the jail physician certifies that it is likely to endanger 
the health of any or all of the prisoners therein; 

The county judge or, in the county of New York, the presiding 
justice of the appellate division of the supreme court of the first 
department, shall designate, by an instrument in writing filed 
with the county clerk, a suitable place within the : county or the 
county jail of a contiguous county for the confinement of some 
or all of the prisoners. The place so designated thereupon be- 
comes, except as otherwise prescribed by law, the jail of the 
county for which it was designated, for the purposes specified in 
such instrument. 'Such designation may be modified by the judge 
or justice making the same, by a like instrument filed with the 
county clerk. 



20 

[Code Civ. Pro., § 135, without change, except that the cases 
when another jail may be designated are placed in subdivisions. 
The last sentence is taken from Code Civ. Pro., § 136.1 

§ 44. Copy of designation to be served on the sheriff of con- 
tiguous county. — The county clerk must serve a copy of the desig- 
nation, duly certified by him under his official seal, on the sher- 
iff and keeper of the jail of a contiguous county so designated. 
The sheriff of that county must receive into his jail and there 
safely keep all persons who may be lawfully confined therein, 
and who are delivered to him by the sheriff of the county for 
which the designation is made. He is responsible for their safe- 
keeping, as if he was the sheriff of the county for which the desig- 
nation is made. . 

[Code Civ. Pro., § 137, without change.] 

§ 45. When and how designation to be revoked. — When the 
reason for the designation of another jail or place has ceased to 
exist, the designation must be revoked by the same authority and 
in the same manner as it was made, and the revocation shall be 
filed in the office of the clerk of the county for which such desig- 
nation was made. i 

The county clerk must immediately serve a copy of the revoca- 
tion, duly certified by him under his official seal, upon the sheriff 
of the same county; who must rem ova the prisoners belonging to 
his custody, and confined without his county or in any other 

place, to the proper jail of such county. 

[Code Civ. Pro., §§ 136, 141, 142, first sentence. 
Section 141 of the code provides that " When a jail is erected 
for the county, for whose use the designation was made, or its 



21 

jail is rendered fit and safe for the confinement of prisoners, or 
the reason for the designation of another jail or place has other- 
wise ceased to be operative, the designation must be revoked, as 
prescribed in this article." Section 136 of the code prescribes 
that " The designation may be modified or revoked, by the judge 
making the same, by a like instrument in writing, filed with the 
clerk of the county." It will thus be seen, by a comparison, that 
the revision contemplates no change in the substance of the law. 
The last paragraph of the proposed section is the same as the 
first sentence of § 142 of the code.] 

§ 46. Houses of detention for witnesses. — The board of super- 
visors of any county may provide for the erection, lease or 
purchase of a suitable building or place separate and distinct 
from the jail of the county, for the safekeeping and care of all 
persons detained as witnesses, or confined under civil process 
or committed for a contempt, to be termed a house of detention. 
When such a building or place is provided, the sheriff of the 
county shall confine therein all such persons. The sheriff shall 
have the same charge and control of such house and shall be 
entitled to the same compensation for the care and keeping of 
prisoners therein, as in the county jail. Upon the application 
of the district attorney of such county, the county judge may 

order the removal of any person so confined to the county jail. 

[Section 101 of the County Law authorizes the lease or pur- 
chase of a suitable place for the detention of women and children 
charged with " crime not punishable by death or imprisonment 
in state prison for a term exceeding five years or with second 
offense, and persons detained as witnesses, to be termed houses 
of detention; and when so provided, any magistrate in the county 
shall commit women and girls, and boys under sixteen years, and 
all persons held as witnesses thereto, instead of the jail." It will 
be noticed that by the proposed section, houses of detention are 
only to be used for the confinement of civil prisoners and wit- 



22 

nesses. All persons charged with crime should be committed to 
jail, there to be separated and dealt with as the law and th(^ sou ad 
discretion of the sheriff demands; but it is proper, if houses of 
detention are erected, that civil prisoners should be confined 
therein, without association with criminals.] 

§ 47. Jail prisoners and papers to be delivered to new sheriff. — 
Where a new sheriff has been elected or appointed, and has quali- 
fied and given the security required by law, the clerk of the 
county must furnish to the new sheriff a certificate under his 
hand and official seal, stating that the person so appointed or 
elected, has so qualified and given security. After the term of 
office of a new sheriff begins and within ten days after he has 
filed his oath of office and undertaking as required by law, and 
served the county clerk's certificate to that effect upon the for- 
mer sheriff, or other officer lawfully executing the office of sheriff, 
such former sheriff or other officer shall deliver to the new sheriff : 

1. The jails of the county, all the property of the county per- 
taining thereto, and all the prisoners confined therein. 

2. All process, orders, commitments and other papers and 
documents authorizing or relating to the confinement or custodj 
of a prisoner, or, if such a process, order or commitment has been 
returned, a statement, in writing, of the contents thereof and 

when and where it was returned. 

[Code Civ. Pro., §§ 182, 183, 184, subs. 1-3. Section 182 is to be 
re-enacted without change. Section 183 is omitted, as it is un- 
necessary. Section 184, subs. 1-3, are contained in the proposed 
section without change, except that former subs. 1 and 2 are 
consolidated.] 

§ 48. Statement of delivery. — At the time of such delivery the 



23 
former sheriff, or other officer executing the office of sheriff, shall 
make a written statement in duplicate, specifying: 

1. The property, documents and prisoners delivered. 

2. The process or other authority by which each prisoner was 
committed and is detained, and whether the same has been re- 
turned or is delivered to the new sheriff. 

Both statements shall be delivered to the new sheriff, one of 
which shall be filed in his office and the other returned to the 
former sheriff, or other officer or person making such delivery, 
with an acknowiedgment indorsed thereon of the receipt of the 

property, documents and prisoners specified therein. 

[Code Civ. Pro., § 185. The present law requires the former 
sheriff to execute an instrument stating the facts as specified in 
the proposed section. Such instrument is to be delivered to the 
new sheriff, who " must acknowledge, in writing, upon a dupli- 
cate thereof, the receipt of the property, documents and prisoners 
therein specified; and deliver such duplicate and acknowledg- 
ment to the former sheriff." It will be noticed that the state- 
ment to be required by the revision is to be made in duplicate, 
one of which is to be indorsed by the new sheriff and returned to 
the former sheriff. This is a simpler and more convenient pro- 
cedure.] 

§ 49. Orders of arrest to be delivered to and returned by new 
sheriff. — Where a person, arrested by virtue of an order of ar- 
rest, is confined, either in jail or within the liberties thereof, at 
the time of assigning and delivering the jail to the new sheriff, 
the order, if it is not then returnable, must be delivered to the 
new sheriff and be returned by him at the return day thereof, 
with the proceedings of the former sheriff and of the new sheriff 

thereon. 

[Code Civ. Pro., § 187, without change.] 



24 
§ 50. Delivery, how enforced. — If the former sheriff, or other 
officer executing the office of sheriff, neglects or refuses to 
deliver to the new sheriff, the jail or any of the property, 
documents or prisoners in his charge, such new sheriff shall, not- 
withstanding, take possession of the jail, and of the property of 
the county therein, and the custody of the prisoners therein con- 
fined, and proceed as prescribed by law to compel the delivery of 

the documents withheld. 

[Code Civ. Pro., § 188. The words " or other officers execut- 
ing the office of sheriff " are new, and are inserted to reach the 
case of a coroner who is acting as sheriff.] 

ARTICLE III. 
CONFINEMENT OF CIVIL PRISONERS; J ATT, LIBERTIES. 

Section 60. Definition of civil prisoner. 

61. Confinement and support of civil prisoners. 

62. Board and supplies furnished to civil prisoners con- 

fined outside of a jail. 

63. Term of imprisonment of civil prisoners. 

64. Confinement of civil prisoners in New York city. 

65. Prisoners under United States process. 
_ _ 66. Indictment of civil prisoners. 

67. Existing jail liberties. 

68. Alteration and establishment of jail liberties. 

69. Eesolution establishing or altering jail liberties to 

be filed and posted. 

70. Effect of designation t of another place or jail upon 

jail liberties. 



25 

Section 71. Who entitled to jail liberties; undertaking. 

72. Justification of sureties. 

73. Civil prisoner to be committed when surety is in- 

sufficient. 

74. Surrender of civil prisoner by his sureties. 

75. What constitutes an escape. 

76. Liability for escape. 

77. Action against either the sheriff or the sureties for 

an escape. 

78. Stay of proceedings upon judgment when action is 

brought against sheriff. 

79. Voluntary return or recapture a defense. 

80. Effect of judgment in an action against the sheriff. 

81. Judgment for sheriff in action against sureties. 

82. Stay of judgment for sheriff against sureties. 

83. Judgment against sheriff is evidence of damages. 

84. Duties of coroner, when sheriff is a party to an action 

or special proceeding. 

85. Arrest of sheriff by coroner. 

86. Confinement of sheriff by coroner; jail liberties. 

87. Duties of coroner when sheriff is plaintiff. 

88. Civil prisoner in custody of coroner entitled to jail 

liberties, etc.; escape. 

[General note. — The sections of the code of civil procedure, 
(§§ 110-119, 145-189) relating to the confinement, treatment and 
maintenance of civil prisoners in jails; the establishment of jail 
liberties and the right thereto of such prisoners, and the liability 
for the escape of a civil prisoner are included in this article, 



26 

without material change. An attempt has been made to harmon- 
ize and simplify the present law. Many superfluous and useless 
provisions have been omitted. The object and result of the 
present law are retained.]; 

§ 60. Definition of civil prisoner. — The term " civil prisoner," 
as used in this article, includes a person arrested and confined by 
virtue of an execution issued upon a judgment rendered in a 
civil court, or of an order of arrest in an action or special pro- 
ceeding in such court, or surrendered in exoneration of hit bail 

in such an action or proceeding. 

,[We have defined the term " civil prisoner " for convenience 
of use in this article. Section 110 of the code of civil procedure 
prescribes the persons who shall be confined by virtue of a civil 
mandate. By the proposed section the term " civil prisoner " is 
made to include all of these.] 

§ 61. Confinement and support of civil prisoners. — A civil 
prisoner shall be safely kept in custody in the manner herein 
prescribed, until he satisfies the judgment rendered against him 
or is discharged according to law. He shall be supported at his 
own expense, unless he makes oath before the sheriff that he is 
unable to support himself during his imprisonment, in which 
case he shall be supported in the jail at the expense of the 

county. 

[Code Civ. Pro., §§ 110, 112. Section 110 is included in this 
section without change except that the word " civil prisoner '* 
is used, instead of all that it implies as provided in the fore- 
going section. 'Section 112 is revised but no change is made in 
effect. It is proposed, as now, that if the prisoner swears that 
he is unable to support himself, " his support shall be a county 
charge." It is proposed by the revision that if a civil prisoner 
is supported at a county expense that " he shall be supported in 
the jail." This provision is new.] 



27 

§ 62. Board and supplies furnished to civil prisoner confined 
outside of a jail, — The officer arresting or the person haying the 
custody of a civil prisoner and keeping him at a place other than 
the county jail shall not demand or receive a greater sum for 
lodging, drink, food or any other thing, than the rate prescribed 
by the county court, or, if no rate has been prescribed, than 
the sum allowed by a justice of the peace of the town or city 
where the prisoner is kept, upon proof that such lodging, drink, 
food or other thing was actually furnished to the prisoner at his 
request. Such officer or person shall not demand or receive any 
compensation for strong, spirituous or fermented liquor or wine, 
sold or delivered to the prisoner. 

A civil prisoner kept, at a place other than the county jail may 
purchase or procure such food, drink, bedding, linen and other 
necessary things as he may desire, from whomsoever he pleases. 
Such person or officer shall not detain any part of such articles, 

or demand or receive any pay therefor. 

[Code of Civ. Pro., §§ 115, 116. 

Section 115 provides that " if a person arrested is kept in a 
house other than the jail of the county, the officer arresting him, 
or the person in whose custody he is, shall not demand or receive 
from him any greater sum, for lodging,' 7 etc. It will be noticed 
that the proposed section is made to apply to a civil prisoner kept 
at " a place other than the county jail." It is evident from the 
context, that the section of the code revised was intended to 
apply only to civil prisoners. 

Section 116 is contained in the last paragraph of the proposed 
section, with no change except that the present law specifies 
more in detail the articles which a civil prisoner may procure.] 

§ 63. Term of imprisonment of civil prisoners. — No person 

shall be imprisoned within the prison walls of a jail for a longer 



28 
period than three months under an execution or any other man- 
date against the person to enforce the recovery of a sum of money 
less than five hundred dollars in amount, or under a commitment 
upon a fine for contempt of court in the non-payment of alimony 
or counsel fees in a divorce case, where the amount so to be paid 
is less than the sum of five, hundred dollars; and where the 
amount in either of said cases is five hundred dollars or over, 
such imprisonment shall not continue for a longer period than 
six months. All such prisoners in the custody of the sheriff 
shall be discharged at the expiration of such periods without 
formal application therefor. No person shall be imprisoned 
within the jail liberties of a jail for a longer period than six 
months upon any execution or other mandate against the per- 
son, and no action shall be commenced against the sheriff or 
upon a bond given for the jail liberties by such person to secure 
the benefit of such liberties, for an escape made after the ex- 
piration of such six months imprisonment. 

[Code Civ. Pro. § 111, all except last two sentences, without 
change.] 

§ 64. Confinement of civil prisoners in New York city. — The 
places in the city of New York designated for the confinement 
of prisoners in civil causes, shall be the jails of the counties in 
which they are situated for the confinement of such prisoners. 
The sheriffs of the counties of New York, Kings and Richmond, 
shall have the custody of such jails situated in their respective 
counties, and of the prisoners therein. 



29 

[Code Civ. Pro., § 120, with such changes as are made neces- 
sary by the incorporation of the counties of Kings and Richmond, 
in the city of New York.] 

§ 65. Prisoners under United States process. — A sheriff must 
receive and keep in the jails of his county, prisoners committed 
thereto by virtue of civil process issued by a court of record of 
the United States until they are discharged by the due course of 
the laws of the United States, in the same manner as if they were 
committed by virtue of mandates in civil actions issued from 
courts of this state. The sheriff may receive, to his own use, the 
money payable by the United States for such use of the jail, 
unless otherwise provided by law. 

A sheriff or jailor, to whose jail civil prisoners are lawfully 
committed by the courts of the United States, is answerable for 
their safe keeping, in the courts of the United States, according 

to the laws thereof. 

[Code Civ. Pro., §§ 133, 134, without change, except that the 
words " unless otherwise provided by law," at the end of the first 
paragraph, are new. They are inserted in view of provisions con- 
tained in acts making the office of sheriff a salaried office in cer- 
tain counties.] 

§ 66. Indictment of civil prisoners. — Where a civil prisoner 

ha* been iMdicted for a criminal offense, the court in which the 

indictment is pending may make an order, requiring the sheriff 

in whose custody he is, to bring him before the court; whereupon 

the court may make such disposition of the prisoner as to it 

seems proper. The sheriff's fees and expenses, in so doing, are a 

charge on the county wherein the court is sitting. 
[Code Civ. Pro., § 156, without change.] 



30 
§ 67. Existing jail liberties. — The liberties of the jail for each 
of the following counties shall be: 

1 . For the county of New York, the whole of that county. 

2. For the county of Onondaga, the whole of the city of Syra- 
cuse. 

3. For the county of Monroe, the whole of the city of Rochester. 

4. For the county of Erie, the whole of the city of Buffalo. 

5. For the county of Dutchess, the whole of the city of Pough- 
keepsie. 

6. For the county of Kings, the whole of that county. 

7. For the county of Richmond, the whole of that county. 

8. For the county of Albany, the whole of the city of Albany. 

9. For the county of Jefferson, the whole of the city of Water- 
town. 

10. For the county of Herkimer, the whole of the village of 
Herkimer. 

11. For the county of Rensselaer, the whole of the city of Troy. 

12. For the county of Niagara, the whole of the city of Lock- 
port. 

The liberties of the jail in each of the other counties of the 

state, as they now exist, shall continue to be the liberties thereof, 

until they are altered, or new liberties are established. 

[Code Civ. Pro., §§ 145, 146, without change, except that sub. 
7, prescribing the jail limits of the county of Richmond, is in- 
serted. This change is made because of including Richmond 
county in the city of New York, and the abolition of the board of 
supervisors of Richmond county. Under such circumstances it 
is better that the jail limits in such county should be fixed by 
statute.] 



31 
§ 68. Alteration and establishment of jail liberties. — In all 
•counties, except those named in the last preceding section, the 
liberties of a jail may be altered or established by resolution of 
the board of supervisors, approved by the county judge. Such 
liberties shall contain a space of ground, adjacent to the jail not 
exceeding five hundred acres in extent, laid out as nearly as may 
be in a rectangle or square. A stream of water, canal, street 
or highway may be adopted as an exterior line notwithstanding 
it is not in a straight line or is not at right angles with the other 
exterior lines of the jail liberties. A resolution establishing or 
altering jail liberties must contain a particular description of 
their boundaries, and immediately after its adoption such bound- 
aries must be designated by monuments, inclosures, posts or 

other visible and permanent marks, at the expense of the county. 

[Code Civ. Pro., § 147. 

The power to establish and alter the boundaries of jail liber- 
ties was vested in the board of supervisors by L. 1857, ch. 482, 
§ 1, sub. 18. This act was repealed by the county law (L. 1892, 
chap. 686), but sub. 18 was not re-enacted. We have in this sec- 
tion reinvested the board of supervisors with power to establish 
or alter such boundaries. 

By § 147 of the code it is provided that " as soon as may be '' 
after the adoption of the resolution the boundaries shall be 
designated by monuments, etc. In the last sentence of the pro- 
posed section such designation is to be made " immediately."] 

§ 69. Resolution establishing or altering jail liberties. — The 
resolution establishing or altering jail liberties shall be filed in the 
office of the county clerk immediately upon its adoption. The 
county clerk must, within one week after the filing of such resolu- 
tion, deliver an exemplified copy thereof to the keeper of the jail 



32 
who must keep the same exposed to public view, in an open and 
public part of the jail, and exhibit it to each person admitted to 
the liberties of the jail, at the time of his executing a bond for 

that purpose. 

[Code Civ. Pro., § 148. The first sentence is new in terms, 
although the present law contemplates the filing of the resolution 
in the office of the county clerk. Otherwise there is no change 
proposed by the revision.] 

§ 70. Effect of designation of another place or jail upon jail 
liberties. — If the jail of a contiguous county, or any other place^ 
is designated as the county jail of a county, pursuant to this chap- 
ter, after a civil prisoner has been admitted to the liberties of 
the jail of the county for which such designation is made, or if, 
after such designation and before he is removed, he becomes en- 
titled to such liberties, such prisoner shall, notwithstanding such 
designation, remain within the liberties of the jail to which he waa 
committed. But the sheriff may remove such prisoner to the jail 
or other place so designated, and confine him therein, if he might 
confine him in the jail of his own county. 

If a prisoner confined in or removed to the jail of a contiguous 
county, becomes entitled to the liberties of the jail, the sheriff of 
that county must admit him to the jail liberties of that county at 
if he had been originally arrested by that sheriff on a mandate 

directed to him. 

[Code Civ. Pro., §§ 138, 139, 140. 

Sections 138 and 139 are consolidated and included in the first 
paragraph of the proposed section. The two sections of the code 
prescribe two cases where a civil prisoner is entitled to the jail 
liberties of the county where he was committed,, notwithstanding 



33 

the designation of the jail of another county as the jail of that 
county. By the consolidation it is unnecessary to repeat the 
parts of such sections which are identical. 

The last paragraph is a proposed re-enactment of § 140 of the 
code without change.] 

§ 71. Who entitled to jail liberties; undertaking. — A civil 
prisoner in the custody of a sheriff is entitled to the liberties of 
the jail upon delivering to the sheriff an undertaking conditioned 
that the person so in custody will remain a prisoner and will not 
escape or go without the liberties of the jail until legally dis- 
charged. 

Such undertaking must be executed by the prisoner and one or 
more sufficient sureties, residents and householders or freehold- 
ers of the county, or by any fidelity or surety company author- 
ized by law to transact business in this state. The penalty of 
each undertaking shall be as follows: 

1. Jf the prisoner is in custody under an order of arrest, or has 
been surrendered in exoneration of his bail, before judgment, 
twice the sum in which the sheriff was required to hold him to 
bail. 

2. If he is in custody under an execution, twice the gum di- 
rected to be collected by the execution. 

3. If he has been surrendered after judgment, twice the amount 
remaining uncollected upon a judgment against him. 

Such undertaking shall be held for the indemnity of the sheriff 
taking it, and of the party at whose instance the prisoner execut- 
ing it, is confined. 



34 

[Code of Civ. Pro., § 149, part of §§ 150 and 151. 

Section 149 provides that " a person in the custody of the 
sheriff, by virtue of an order of arrest; or of an execution in a 
civil action; or in consequence of a surrender in exoneration of 
his bail; is entitled to be admitted to the liberties of the jail," 
etc. Such a person is a civil prisoner under the definition con- 
tained in § 60 of the revision, ante. 

The condition of the undertaking is the same as that in § 150 
of the code. There is no change in the method of executing such 
undertaking, except that the revision expressly authorizes the 
execution by a fidelity or surety company. 

It is necessary to insert this provision, as by making such sec- 
tion of the code a part of this chapter, § 811 of the code, authoriz- 
ing the execution of bonds and undertakings by surety companies, 
would not be applicable. 

The penalties of undertakings for jail liberties contained in the 
proposed section are the same as those contained in § 150 of the 
code. The last paragraph is a proposed re-enactment of § 151 of 
the code without change.] 

§ 72. Justification of sureties. — The provisions of the code of 
civil procedure relating to the justification of bail, the notice of 
justification of the sureties, the officers before whom they must 
justify, the substitution of new sureties or a new undertaking, 
the examination and qualifications of the new sureties and the 
allowance of the undertaking, as contained in chapter seven, 
title one, article three of such code, are applicable to the under- 
taking required to secure the benefit of jail liberties, unless it is 

otherwise expressly prescribed in this article. 

[Code Civ. Pro., § 150, in part. 

This section is a re-enactment of the last sentence of such § 150 
without change.] 

§ 73. Civil prisoner to be committed when surety is insuffi- 
cient. — If the party at whose instance the civil prisoner is in cus- 
tody discovers that a surety upon the undertaking is insufficient, 



35 

he may, upon proof of the fact by affidavit or otherwise, apply 
to the court, or a judge thereof, on whose process or mandate 
such prisoner is in custody, or to the county judge of the county 
where such prisoner is confined, and the court or a judge thereof 
or such county judge may make an order committing such pris- 
oner to close confinement in the jail until another undertaking 

with good and sufficient sureties is offered. 
[Code Civ. Pro., § 152, without change.] 

§ 74. Surrender of civil prisoner by his sureties. — One or more 
of the sureties in an undertaking given for the liberties of the 
jail, may surrender the principal at any time before judgment is 
rendered against them in an action on the undertaking; but the/ 
are not exonerated thereby from a liability incurred before mak- 
ing the surrender. 

The surety or sureties making such surrender must take the 
principal to the keeper of the jail, who shall, upon his or other 
written requisition to that effect, take the principal into his cus- 
tody, indorse upon the undertaking given for the liberties an 
acknowledgment of the surrender, and, if required, give the sure- 
ties a certificate, acknowledging the surrender. 

[Code Civ. Pro., §§ 153, 154, without change.] 

§ 75. What constitutes an escape. — The going at large beyond 
the jail liberties, by a civil prisoner, without the assent of the 
party at whose instance he is in custody, is an escape, and the 
sheriff in w T hose custody he was, or the sureties on his undertak- 
ing, may pursue and retake him, as if he had escaped from the 

jail. 

[Code Civ. Pro., § 155, in part. 



36 

That part of such of the code which determines what consti- 
tutes an escape is contained in the proposed section. The part 
of such section which prescribes what is not an escape is omitted 
as unnecessary. The liability for an escape is contained in the 

next section of the revision.] 

§ 76. Liability for escape. — Before an undertaking for the liber- 
ties of the jail is delivered to the sheriff, the sheriff is alone liable 
in an action against him for the escape of a civil prisoner. After 
the delivery of such an undertaking and before its acceptance 
ot approval as provided by law, the sheriff and the sureties on 
the undertaking are liable for such escape in an action brought 
against any or all of them. 

After the acceptance or approval of such undertaking the sure- 
ties thereon are alone liable in an action against them for such 
escape. 

The extent of such liability is as follows: 

1. The damages sustained by the judgment creditor, if the 
prisoner was in custody by virtue of an order of arrest, or in 
consequence of a surrender in exoneration of his bail before judg- 
ment. 

2. The amount of debt, damages or sum of money for which 
the prisoner is committed, if he was in custody by virtue of any 
other mandate, or in consequence of a surrender in exoneration 
of his bail after judgment. 

The voluntary return of a prisoner to the liberties of the jail 
from which he escaped, or his recapture by or surrender to the 
sheriff from whose custody he escaped, before the commencement 



37 
of an action for an escape, is a good defense therein. In an action 
against the sureties on an undertaking, the defendants may make 
any defense thereto, which might be made by the sheriff in an 

action against him for an escape. 

[Code Civ. Pro., §§ 158, 160. 

By § 158 of the code the liability of the sheriff for an escape 
of a civil prisoner is not terminated " until an undertaking for 
the liberties of the jail is given and approved." 

The present law recognizes the liability of sureties on the 
undertaking after its delivery and before its approval. Section 
149 of the code provides that the prisoner shall be admitted to 
jail liberties upon delivery of the undertaking. From the time 
of the delivery of the undertaking to the time of its approval, the 
sheriff and the sureties are jointly liable for an escape. 

In the revision we have declared specifically the liabilities in- 
curred by the sheriff and the sureties. No change is made in 
substance. The only effect is to clearly determine the several 
liabilities. 

The last paragraph is derived from § 160 of the code.] 

§ 77. Action against either the sheriff or the sureties for an 
escape. — If a civil prisoner escapes after an undertaking for the 
liabilities of the jail is delivered to the sheriff and before it is 
accepted or approved as provided by law, the party at whose 
instance the prisoner was confined, or, in case of his death, his 
executor or administrator, may elect to bring an action against 
the sheriff or the sureties on the undertaking. The commence- 
ment of an action against the sureties on the undertaking shall 
be deemed an election, and bars an action against the sheriff or 
other officer accepting such undertaking, on account of the escape 
of the prisoner executing the undertaking, unless such escape 

was with the assent of the sheriff or other officer. 
[Code Civ. Pro., §§ 166, 167, 168. 



38 

jtfy § 166 it is provided: " If an undertaking for the jail liber- 
ties is forfeited before the same is duly allowed the party at 
whose instance the prisoner was confined, or, in case of his death, 
his executor or administrator, may elect to bring an action on the 
undertaking." This section authorizes an action for an escape 
against either the sheriff or the sureties on an undertaking, if 
the escape occurs after the delivery of the undertaking and before 
its approval. No change in result is made by the revision. 

Section 167 is omitted. In view of imposing the liability upon 
the sureties, by the preceding section, it is not necessary to say 
that an action for an escape may be maintained against the 
sureties. 

The last sentence is a proposed re-enactment of § 168, without 
change.] 

§ 78. Stay of proceedings upon judgment, when action is 
brought against sheriff. — If the party at whose instance the civil 
prisoner was confined, or his executor or administrator, elects to 
bring an action against the sheriff for the escape, the court may, 
except where the escape was made with the sheriff's assent, stay 
proceedings upon a judgment recovered against the sheriff, with 
such limitations, and upon such terms as it deems just, until he 
has had a reasonable time to prosecute the undertaking, and col- 
lect a judgment recovered thereon. 

[Code Civ. Pro., § 170, without change, except that the words 
" party at whose instance the civil prisoner was confined, or his 
executor or administrator, elects to " are inserted in place of the 
words " person so entitled to bring an action on the undertaking 
for the jail liberties in lieu of making such election."] 

§ 79. Voluntary return or recapture a defense. — In an action 
against a sheriff or other officer, for the escape of a prisoner, it is 
a defense, that the escape was without the assent of the defend- 
ant, and that at the commencement of the action, he had the 



39 
prisoner within the liberties, either by his voluntary return, or 
by recapture. 

[Code Civ. Pro., § 171, without change.] 

§ SO. Effect of judgment in an action against the sheriff. — If, 
in an action brought against the sheriff for the escape of a civil 
prisoner after the delivery of an undertaMng, and before its 
acceptance or approval, due notice of the pendency of the 
action was given the prisoner and his sureties, to enable them to 
defend the same, and a judgment has been rendered against the 
sheriff, such judgment is conclusive evidence of the right of the 
sheriff to recover against the prisoner and his sureties, to whom 
the notice was given, as to any matter which was or might have 
been controverted in the action against the sheriff. 

[Code Civ. Pro., § 161. 

The words "after the delivery of an undertaking and before 
its acceptance or approval '* are new. tNo change in result is 
thus effected, as under the present law the sheriff is not liable for 
an escape after the approval of the undertaking. The clause is 
inserted for the sake of clearness.] 

§ 81. Judgment for sheriff in action against sureties. — In an 
action brought by the sheriff against the sureties on an under- 
taking, the court must order a summary judgment for the plain- 
tiff, upon motion made in behalf of the sheriff, if it appears that 
judgment has been rendered in an action against him for the 
escape of the prisoner, and that due notice of the pendency of 
such action was given to the prisoner and his sureties, to enable 
them to defend the same. 

Such judgment must thereupon be entered, with costs. 

To entitle a sheriff to move for such a judgment a copy of his 
complaint must have been served upon the prisoner and his sure- 



40 

ties, and at least twenty days notice of the motion be given to 

them. 

[Code Civ. Pro., §§ 162, 163, without change.] 

§ 82. Stay of judgment for sheriff against sureties. — If it ap- 
pears, upon the hearing of the motion, that the defendants have a 
meritorious defense, which was not and could not have been con- 
troverted in the action against the sheriff, the court may stay 
proceedings on the judgment, with such limitations and upon 
such terms, as it deems just, until a trial in the action. 

But the judgment must stand as security for the sheriff. If 

the defense is established, the court must vacate the judgment, 

and render judgment for the defendant. 
[Code Civ. Pro., § 164, without change.] 

§ 83. Judgment against sheriff is evidence of damages. — In an 
action brought by a sheriff against the sureties on an undertak- 
ing for the jail liberties, a judgment against him for the escape 
of the prisoner, is evidence of the damages sustained by him, 
as if it had been collected; and he may recover his reasonable 
attorney's and counsel fees, and other expenses in defending the 

action against him, as part of his damages. 
[Code Civ. Pro., § 165, without change.] 

§ 84. Duties of coroner, when the sheriff is a party to an action 

or special proceeding. — In an action or special proceeding, to 

which the sheriff of a county is a party, a coroner of the same 

county has all the power, and is subject to all the duties of a 

sheriff, in a cause to which the sheriff is not a party, except as 

otherwise specially prescribed by law. 



41 

A mandate in a civil action or special proceeding which must 

or may be executed by the coroners, or by a coroner of a county, 

must be directed either to a particular coroner, or generally to 

the coroners of that county. Where such a mandate is directed 

generally to the coroners of a county, or requires them to do any 

act, it may be executed, and a return thereto may be made and 

signed, by one of them; but such an act or return does not affect 

the others. 

[Code Civ. Pro., §§ 172, 173, without change.] 

§ 85. Arrest of sheriff by coroner. — Where a mandate re- 
quiring the arrest of the sheriff of a county is directed to a 
coroner, he must execute the same in the manner prescribed by 
law for the execution of a similar mandate by a sheriff; and he 
may take an undertaking on the arrest, or an undertaking for the 
jail liberties, in a like case and manner, and with like effect, as 

where such an undertaking is taken by a sheriff. 
[Code Civ. Pro., § 174, without change.] 

§ 86. Confinement of sheriff by coroner; jail liberties.— Where 
the actual confinement of a sheriff by a coroner, on a man- 
date, is required or authorized by law, he must be confined by the 
coroner, in a house situated within the liberties of the jail of the 
county, other than the sheriff's house or the jail, in the same man- 
ner as a sheriff is required by law to confine a prisoner in the 
jail. Such house thereupon becomes the jail of the county, for 
the use of the coroner; and each provision of law relating to the 



42 
jail, or to an escape from the jail, applies thereto, while the 
sheriff is confined therein. 

A sheriff so arrested must be admitted to the liberties of the 
jail of the county, in a like case, and upon executing a like under- 
taking to the coroner, as prescribed by law for a prisoner in the 
sheriff's custody. . j 

If the sheriff escapes, the coroner and the sureties on such 
undertaking are liable in the same manner and to the same ex- 
tent, and are entitled to the same defenses, as in the case of the 
escape of a civil prisoner from a sheriff. All the provisions of 
this article relating to actions for an escape are applicable to an 

escape of a sheriff when confined as a civil prisoner. 

[Code Civ. Pro., §§ 175, 176, 177, 178. 

The first three sections are included without change. Section 
178 is not re-enacted word for word. It is deemed sufficient to 
cover the provisions thereof by a reference to other similar pro- 
visions in this article.] 

§ 87. Duties of coroner when sheriff is plaintiff. — A person 

arrested by a coroner, in an action or special proceeding, in which 

the sheriff of the county is plaintiff, must be confined in the jail 

of the county, in a case where such a confinement is required, or 

authorized by law; but the coroner is not liable for an escape of 

the prisoner from the jail, after he has been confined therein. A 

person so confined must be kept and treated, in all respects, like 

a prisoner confined by the sheriff. 

[Code Civ. Pro., § 179, without change.] 

§ 88. Civil prisoner in custody of coroner entitled to jail liber- 
tie®, et cetera; escape. — A person so arrested by a coroner, is en- 
titled to be discharged, or to the liberties of the jail, in the same 



43 
case and in like manner, and under the same conditions as a 
civil prisoner in the custody of the sheriff. The undertaking 
given for the jail liberties by a person so arrested must be similar 
in all respects to that required to be given to a sheriff; and it 
has the like effect and may be proceeded upon in the same 
manner. 

A coroner is answerable for an escape of a civil prisoner, ad- 
mitted by him to the liberties of the jail, in the same manner 
and to the same extent as a sheriff, and may interpose a like 

defense. 

[Code Civ. Pro., §§ 180, 181. The first sentence of § 180 reads 
as follows : ■ " A person so arrested by a coroner, is entitled to be 
discharged, or to the liberties of the jail, as the case requires, 
upon giving an undertaking to the coroner, in the like manner, 
and in a like case, in which a person arrested by a sheriff would 
be entitled to be discharged, or to the liberties." The change 
proposed in the language by the revision does not alter the 
meaning. 

The remaining parts of the two sections referred to are revised 
without change.] 

ARTICLE IV. 
PENITENTIARIES. 

Section 90. Establishment of penitentiaries. 

91. Officers and employes not to be interested in pur- 

chases. 

92. County contracts with penitentiaries. 

93. Convicts sentenced to penitentiaries for felonies. 

94. Payments to discharged prisoners sentenced for 

felonies. 

95. Imprisonment of tramps. 

96. Auditing of penitentiary accounts against the state. 



44 

§ 90. Establishment of penitentiaries. — The penitentiaries here- 
tofore established are continued, and shall be managed and con- 
trolled as provided by the several acts relating thereto. 

The board of supervisors of any county may establish and 
maintain a penitentiary for +^p confinement of persons convicted 
of misdemeanors within such county and subject to the provis- 
ions of this chapter, provide for the imprisonment and employ- 
ment of all persons sentenced thereto. 

[The first sentence is new. The remainder is derived from 
§ 102 of the County Law, which authorizes a board of supervisors 
to establish and maintain a county work-house.] 

§ 91. Officers and employes not to be interested in purchases. — 
No manager, superintendent, officer or employe of a penitentiary 
shall be interested directly or indirectly in the furnishing of ma- 
terials, labor or supplies for the use of the penitentiary, or in 
any contract made or entered into for the benefit or in behalf of 

such penitentiary.' 

[This section is new.] 

§ 92. County contracts with penitentiaries. — The board of 
supervisors of a county may contract with the board of super- 
visors of any county having a penitentiary or with the board, 
committee, commissioner or officer, having charge of such peni- 
tentiary, for the confinement and maintenance in such peniten- 
tiary of any person who may be sentenced thereto for a term of 
sixty days or more, by any court or magistrate in such county. 

A notice of the making of such contract and of the period of 
its continuance shall be published once in each week for at least 



45 

four consecutive weeks in at least two newspapers published in 
the county making such contract, and also in the county where 

such penitentiary is situated. 

[L. 1859, chap. 289, § 1, as amended by L. 1874, chap.'209. 

The present law provides that " It shall be lawful for the sev- 
eral boards of supervisors in the several counties of this state to 
enter into an agreement with the boards of supervisors of any 
county having a penitentiary therein, or with any in their behalf 
by them appointed to receive and keep in the said penitentiary 
any person or persons who may be sentenced to confinement 
therein by any court or magistrate, in any of the several coun- 
ties in this state, for any term not less than sixty days." 

The last paragraph of the proposed section is a revision of the 
last sentence of § 1 of L. 1859, chap. 289. 

The changes made are verbal.J 

§ 93. Convicts sentenced to penitentiaries for terms of one year 
or less. — The superintendent or other officer having charge of a 
penitentiary shall not receive a convict sentenced thereto for a 
single offense for a term of more than one year, nor any person 
convicted of felony, f except a male convict between the ages of 
sixteen and twenty-one years, sentenced for less than one year) 

All prisoners in a penitentiary, when this chapter takes effect, 
sentenced thereto by the courts of this state for an offense pun- 
ishable by imprisonment in a state prison, shall continue to be 
maintained therein at the expense of the state until the expira- 
tion of their respective terms. The state shall pay for the main- 
tenance of all prisoners sentenced thereto for a felony the sum 

of thirty cents per day. 

[New. 

By the Penal Code, § 699, as amended by L. 1896, chap. 553, 
and §§ 703, 704, it is evident that no person can now be sentenced 
to a penitentiary unless the term of imprisonment is fixed at less 



46 

than one year. The amendment made to § 699 by L. 189G, chap. 
553, was probably intended to supersede § 1 of L. 1875, chap. 571, 
as amended by L. 1895, chap. 372, and L. 1875, chap. 529. 

We have attempted to make clear in this section the evident 
intent of the legislature to provide for the maintenance of all 
state convicts in state prisons. It is desirable that misdemean- 
ants be separated from felons; to bring this about we have pro- 
vided in effect that no person shall be sentenced to a penitentiary 
for a term of more than one year.] 

§ 94. Payments to discharged prisoners sentenced for felo- 
nies. — The superintendent of each penitentiary shall furnish to 
each prisoner sentenced thereto prior to the passage of this chap- 
ter, for a term of more than one year, for an offense pun- 
ishable by imprisonment in a state prison, upon his dis- 
charge therefrom, by pardon or otherwise, necessary cloth- 
ing not exceeding twelve dollars in value, except for the 
time between the first day of November and the first day of 
April, when clothing not exceeding eighteen dollars in value may 
be given. He shall also pay to such prisoner the sum of five dol- 
lars, and the further sum of four cents for each mile to be neces- 
sarily traveled by such prisoner in traveling by the shortest route 
from the penitentiary to his place of residence, if within the 
state, and if not, to the place of his conviction. The amount ex- 
pended by the penitentiary in carrying out the provisions of thi« 

section shall be a charge upon the state. 

fL. 1879, chap. 471, § 1. 

The words " prior to the passage of this chapter " are new. As 
the law now is, no prisoners can be confined in penitentiaries and 
maintained at a state expense. The proposed section only ap- 
plies to prisoners sentenced to penitentiaries before the passage 
of L. 1896, chap. 553. J 



47 
§ 95. Imprisonment of tramps. — All tramps sentenced to a 
penitentiary as prescribed by the penal code shall be supported 
and maintained therein at the expense of the state at a rate of 

thirty cents per day per capita. 

[L. 18S5, chap. 490, § 1, provides that the expense of the im- 
prisonment of tramps shall be a charge against the state, at the 
rate of thirty cents per day per capita.] 

§ 96. Auditing of penitentiary accounts against the state. — 
The superintendent of each penitentiary shall annually on the 
thirteenth day of September return to the state comptroller a 
detailed statement showing the amount due such penitentiary 
for the maintenance of prisoners sentenced thereto for offenses 
punishable by imprisonment in a state prison, for expenditures 
for clothing, payments to and transportation of discharged 
prisoners and for the support and maintenance of tramps sen- 
tenced thereto as provided by law. Such statement shall be 
verified by the oath of the superintendent and set forth : 

1. The name of each prisoner sentenced thereto for offenses 
punishable by imprisonment in a state prison, the offense of 
which he was convicted, the date of his conviction, the term for 
which he was sentenced and date of his reception in the peniten- 
tiary. I 

2. The name of each prisoner discharged with the date of such 
discharge and the facts in relation to such prisoner required by 
the preceding subdivision. 

3. The name of each tramp for the support of whom the state 
h chargeable, with the name of the committing magistrate, the 



48 
date and place of his commitment, and the date of his reception 
in the penitentiary and the date of his discharge. 

The comptroller shall audit and allow the amount found to be 
due such penitentiary under the provisions of this article, and 
draw his warrant therefor on the state treasurer in favor of the 
superintendent of such penitentiary, payable from any money in 

the state treasury appropriated for that purpose. 

[This section retains the present method of auditing peniten- 
tiary accounts against the state. The sections of the present 
statutes relating to the payment of charges against the state for 
the maintenance of prisoners in penitentiaries, etc., are consoli- 
dated without material change. See L. 1875, chap. 571, § 3, as 
amended by L. 1895, chap. 372, and L. 1879, chap. 471, §§ 2 and 3.] 

ARTICLE V. 
REFORMATORIES. • 

Section 100. Location and names of state reformatories. 

101. Board of managers. 

102. General powers and duties of managers. 

103. Appointment and removal of officers and employes. 

104. Compensation of officers and employes. 

105. Oaths and bonds. 

106. General duties of superintendent. 

107. General duties of chaplain. 

108. General duties of physician. 

109. Powers and duties of treasurer. 

110. Monthly estimates of expenses; contingent fund. 

111. Monthly statements of receipts and expenditures. 

112. Affidavit of superintendent; vouchers. 

113. Purchases. ' 



49 
Section 114. Transportation of convicts to reformatories. 
115. Transfer of prisoners to state prisons. 
11C. Transfers from state prisons to reformatories. 

117. Transfer from one reformatory to another. 

118. Control and discipline of prisoners. 

119. Register of prisoners. 

120. Parole of prisoners. 

121. Retaking of paroled prisoners. 

122. Rules and regulations. 

123. Marks for good conduct; records filed with secre- 

tary of state. 

124. Absolute release from imprisonment. 

125. Sentences for a definite period. 

126. Supervision of paroled prisoners. 

127. Reports to governor. 

[General note. — This article is applicable to the Elmira Re- 
formatory and the Eastern Reformatory at Napanoch, Ulster 
county, now in course of construction. We have included chap- 
ter 711 of the Laws of 1887, relating to the Elmira Reformatory, 
and made it applicable to the Eastern Reformatory, when ready 
for occupancy. 

We have specified in detail the powers and duties of the super- 
intendent, chaplain, physician and treasurer. The requirements 
of monthly estimates, statements of receipts and expenditures, 
purchases of supplies, and vouchers, are new in form although 
similar requirements are contained in the annual appropriation 
act of each year. 

It is also provided that prisoners transferred to a state prison 
shall be received therein as prisoners under an indeterminate 
sentence, and may therefore be released on parole or absolutely 
discharged by the board of parole of the prison. Under the 
present law provision is made for a transfer to a state prison, 



50 

but no way is provided for the release or discharge of a prisoner 
so transferred until the expiration of the maximum term " pro- 
vided by law for the crime for which the prisoner was convicted 
and sentenced," unless the board of managers require his return. 

Cases have arisen which seem to show injustice and hardship 
to a transferred prisoner because of this system. Transferred 
prisoners are seldom, if ever, recalled to the reformatory. The 
result follows that a prisoner sentenced by a judge to a reform- 
atory, under the impression that a light punishment is being im- 
posed, is made to surfer much more severely than was intended. 

By the proposed law, the prisoner immediately upon his trans- 
fer to a state prison is subject to the exclusive control of the 
prison officers and the jurisdiction of the managers of the re- 
formatory ceases. He becomes entitled to all the privileges of a 
prisoner under an indeterminate sentence. He may be paroled 
by the board of parole and his maximum sentence may be com- 
muted for good conduct. Other changes proposed by this article 
are noted at the end of the several sections.] 

§ 100. Location and names of state reformatories. — The state 
reformatory at Elmira is continued and shall be known as the 
Elmira reformatory. 

The state reformatory at Napanoch, Ulster county, shall, when 
completed, be known as the Eastern reformatory. The provii- 
ions of this article shall apply alike to both reformatories, ex- 
cept as otherwise provided. 

[New.] 

§ 101. Board of managers. — Each reformatory shall be under 
the management of a board of five managers, who shall be ap- 
pointed by the governor by and with the advice and consent of 
the senate. The full term of office of each manager shall be five 

years. The managers of the Elmira reformatory in office when 
this chapter takes effect, shall be continued in office until the 
expiration of their respective terms. The managers of the East- 



51 
ern reformatory shall be appointed when such reformatory is 
completed and ready for occupancy. Such appointment shall 
take effect immediately and shall be for terms of one, two, three, 
four and live years, respectively, from the first day of January 
succeeding the time of making such appointments. Their suc- 
cessors shall thereafter be appointed for a term of five years. 

When the term of office of a manager of the Elmira reformatory 
expires at a time other than the last day of December, the term 
of office of his successor is abridged so as to expire on the last 
day of December, preceding the time when such term would 
otherwise expire, and the term of office of each manager of such 
reformatory thereafter appointed shall begin on the first day of 
January. 1 

The managers of each reformatory may organize as a board by 
electing from their number a president, a secretary and a treas- 
urer. The treasurer shall be the treasurer of the reformatory. 
Such managers shall receive no compensation for their services 
but shall be allowed their reasonable traveling and other official 

expenses. 

[L. 1887, chap. 711, § 1. 

The present board of managers of the Elmira reformatory is to 
be continued in office without change of term. It is proposed 
that the Eastern reformatory be managed by a board of like 
number, appointed in the same manner and for the same term. 
The terms of office of the managers are in each instance to begin 
on the first day of January. To accomplish this purpose, the 
second paragraph, relating to the abridgement of the terms of 
the successors of the managers of the Elmira reformatory now in 
office, is inserted. This change is proposed to conform with the 
provisions in other general laws for the commencement of the 
terms of officers appointed by the governor upon the first day of 



January. Under the present law the term* of the managers of the 
Elmira reformatory begin on the first day of May. 

The words u and when the senate is not in session, by the gov- 
ernor, subject to the and approval of the senate when it 
shall convene." found in § 1 of L. 1887, chap. Til. are omitted. 
The provisions of the general law relating to appointment by the 
governor and senate should be made applicable to managers of 
the reformatory. See Public Officers L.. §§ T. 28, as amended by 
L. 1898, chap. Goo. The sentence. "Whenever a vacancy shall 
occur in such board by the refusal of either of the members 
thereof to act or otherwise, such vacancy, for the unexpired term 
thereof, shall be filled in like manner." is also omitted. Public 
Officers L.. § 28, is to a similar effect and should be applied to 
such managers. 

The sentence: '• The governor may remove any <»f the man- 
agers for misconduct, incompetency, or neglect of duty after 
opportunity shall be given them to be heard, upon written 
charges." which is at the end of such § 1. is also omitted. Public 
Officers L.. §§ 23. 24, relate to removals by the governor and are 
applicable to boards of managers of reforrnator: 

The sentence in the ted section relating to the organiza- 

tion of the board is new.] 

§ 102. General powers and duties of managers. — The board of 
managers of each reformatory shall: 

1. Have the general superintendence, management and control 
of such reformatory, of the grounds and buildings, officers and 
employes thereof, of the prisoners therein, and of all matter* 
relating to the government, discipline, contracts and fiscal con- 
cerns thereof. 

2. Make rules and regulations, not inconsistent with law for 
the proper government of such reformatory and of the officers and 
employes thereof, and for the employment, discipline, education, 
transfer, parole and discharge of prisoners sentenced thereto. 

3. Investigate the affairs of such reformatory, inquire into any 



53 

improper conduct alleged to have been committed by any officer 
or employe, and require reports from the superintendent and 
other officers thereof in relation to the discipline, labor and gov- 
ernment of such reformatory and have power to take proof under 
oath in any such investigation or inquiry. 

4. Meet at least once in each month at the reformatory for the 
purpose of performing the several duties prescribed in this article. 

5. Examine, monthly or quarterly, all the accounts, expendi- 
tures and vouchers relating to the business of such reformatory, 
and certify their approval or disapproval thereof to the comp- 
troller. 

6. Report to the legislature, annually, on or before the tenth 
day of January, for the year ending with the last day of the next 
preceding September, the condition of such reformatory, the 
amount of money received and expended by them during such 
year with a detailed statement thereof; their proceedings in re- 
gard to the prisoners therein, and such other matters as they 
may deem proper, or as the legislature may require. 

7. Make such other reports from time to time as the legislature 

may require. 

[L. 1887, chap. 711, §§ 2, 10, 11. 

Subdivision 1 is a re-enactment of the first clause of the first 
sentence of such section, which provides that such " board of 
managers shall have the charge and general superintendence of 
the grounds and buildings for said reformatory;" the rest of such 
sub. 1 is new. 

Subdivision 2 is new. But by § 11 of the act of 1887, the board 
of managers is authorized to " establish rules and regulations 
under which prisoners within the reformatory may be allowed 
to go upon parole outside of the reformatory buildings;" and in 



54 

the same section the board is authorized " to make all rules and 
regulations necessary and proper for the employment, discipline, 
instruction, education, removal and temporary or conditional re- 
lease and return, as aforesaid, of all convicts in said reformatory." 
By § 10 of such act the board of managers is required to provide 
for reformatory discipline, which necessarily implies the power 
to make rules and regulations relating thereto. 

Again, in § 13, it is made the duty of the managers " to main- 
tain such control over all prisoners committed to their custody, 
as shall prevent them from committing crime, best secure their 
self-support and accomplish their reformation." It is evident, 
then, that although no general power to make rules and regula- 
tions is expressed in the present law, special powers are imposed 
upon the board, in such a manner as to render it necessary for 
them to make such rules and regulations. 

Subdivisions 3 and 4 of the proposed section are new. 

Subdivision 5 of such section is a re-enactment of the second 

i 

sentence of L. 1887, chap. 711, § 2, without change. 

Subdivision 6 is a re-enactment of the last sentence of § 2 of 
the present law. 

Subdivision 7 is new.] 

§ 103. Appointment and removal of officers and employes. — 
The board of managers of each reformatory may appoint a gen- 
eral superintendent, one or more chaplains and a physician, and 
remove either of them for good and sufficient cause, upon written 
charges preferred after an opportunity to be heard. 

The superintendent of each reformatory may appoint and re* 
move at pleasure other officers, guards, keepers and employes, 
the number of which shall be determined by the board of mana- 
gers. Such superintendent shall also appoint, by and with the 
advice and consent of the board of managers, such foremen and 
instructors as may be necessary, any of whom may be removed 

by the board of managers or by the superintendent. 

£L. 1887, chap. 711, §§ 3, 4. 

The present law makes it the duty of the superintendent to 
appoint the chaplains and physician. Such officers should be ap- 



55 

pointed by the boards of managers and be responsible to them. 
We have proposed that the office of financial agent be abolished. 
The financial affairs of the reformatory are under the direct con- 
trol of the superintendent. Under the existing circumstances the 
office is useless. We do not, therefore, propose a re-enactment of 
any part of § 4 of the former act. 

For the sake of comparison we insert that part of the present 
§ 3 relating to the subjects embraced in the proposed section: 

" The said board of managers shall appoint a general superin- 
tendent of said reformatory, and shall have power to remove him 
for cause, after opportunity shall be given him to be heard upon 
written charges. The said general superintendent shall, by and 
with the advice and consent of the board of managers, appoint 
such foremen and instructors as may be necessary, any of whom 
may be removed by the board of managers or by the general 
superintendent. All other officers, guards and employes at said 
reformatory, except the financial agent, shall be appointed by the 
general superintendent and be removable at his pleasure." 

Under the present law no provision is made for the appoint- 
ment of a chaplain. 

It is suggested that the office of chaplain is as important in a 
reformatory as a state prison. The utility of the office is gener- 
ally recognized, and there seems no valid reason why such an 
officer should not be connected with our state reformatories.] 

§ 104. Compensation of officers and employes. — The annual 
compensation of the several officers, guards and keepers of each 
reformatory shall be fixed by the board of managers, but shall 
not exceed the following sums: To the superintendent, the sum of 
three thousand and five hundred dollars; to the physician, one thou- 
sand five hundred dollars; to the clerk, one thousand dollars; to the 
principal keeper, one thousand dollars; to the chaplain or chap- 
lains, one thousand dollars; to the kitchen keeper, eight hundred 
dollars; to the storekeeper, eight hundred dollars; to the hall- 
keeper, six hundred dollars; to the yardkeeper, six hundred dol- 
lars; to the keepers, each, six hundred dollars; to the guards, 



56 

each, five hundred dollars. Maintenance and supplies may be 

allowed to such officers in the discretion of the board of managers. 

£L. 1887, chap. 711, § 5. 

The salaries of the several officers are not changed. No refer- 
ence is made to the salary of the financial agent, since it is pro- 
posed to abolish that office. The provision for the chap]ain or 
chaplains is new. 

The clause at the end of § 5 of the act of 1887, which reads as 
follows, is omitted : " And if, for any reason, the term of service 
of any of them shall terminate before the end of any year, their 
compensation shall be paid only for the term of service, at the 
rate of the annual compensation above provided, and such salaries 
shall be in full for all services performed by them." This clause 
seems unnecessary.] 

§ 105. Oaths and bonds. — All persons appointed to office as pre- 
scribed in this article shall take the constitutional oath of office 
and file the same in the office of the secretary of state within 
fifteen days after such appointment. The superintendent and 
such other officers and employes, as may be so required by the 
comptroller, shall give bonds to the state in such sums and with 
such sureties as he shall approve, conditioned for the faithful 

performance of their lawful duties. 

[L. 1887, chap. 711, § 6, without change.] 

§ 106. General duties of superintendent. — The superintendent 
of each reformatory, subject to the direction and control of the 
board of managers, shall : 

1. Have the general supervision and control of the reforma- 
tory, of the grounds and buildings, subordinate officers and em- 
ployes thereof, the prisoners therein, and of all matters relating 
to the government and discipline thereof. 

2. Make such rules, regulations and orders, not inconsistent 



57 

with law, or with the rules, regulations and directions of the 
board of managers, as he may deem proper or necessary for the 
government of such reformatory and of the officers and employes 
thereof; and for the employment, discipline and education of the 
prisoners sentenced thereto. 

3. Annually report to the board of managers, on or before the 
first day of December, all such matters as are required by the 
board of managers. 

4. Exercise such other powers and perform such other duties 

as the board of managers may lawfully prescribe. 

[New. Section 3 of L. 1887, chap. 711, last sentence, reads as 
follows: "The remaining duties of the general superintendent 
shall be such as may be prescribed by the board of managers, and 
except as in this act otherwise provided, the general superintend- 
ent shall be subject to the control and direction of the board of 
managers." 

The proposed section (sub. 4), authorizes the board of managers 
to prescribe other powers and duties of the superintendent.] 

§ 107. General duties of chaplain. — The chaplain or chaplains 

of each reformatory shall: 

1. Hold religious services in the reformatory, under such rules 
and regulations as the board of managers may prescribe, and 
attend to the spiritual wants of the prisoners. 

2. Personally communicate with each prisoner at least once in 
each week, for the purpose of giving them religious and moral 
instruction, under such regulations as the board of managers 
may prescribe. 

3. Visit daily the sick in the hospital. 



58 
4. Perform such other duties, consistent with his calling and 

profession, as the board of managers may direct. 

[New. The present law does not recognize, in any way, the 
office of chaplain. See note to § 103, ante.] 

§ 108. General duties of physician. — The physician of each re- 
formatory shall: 

1. Have charge of the hospital of the reformatory, under the 
direction of the board of managers, and keep a daily record of all 
admissions thereto, in such form as the board of managers may 
prescribe. 

2. Attend to the medical needs and prescribe the diet of the 
sick prisoners in the hospital or cells. 

3. Examine daily, and as often as required by the superintend 
ent, all prisoners undergoing punishment by solitary confinement 
or otherwise, and prescribe the allowance of food to each prisoner 
so confined. 

4. Make such reports to the board of managers, as to the sani- 
tary condition of the reformatory and the general health of the 
prisoners, as he may see fit, and such other reports as may be 
required by the board of managers, the superintendent or the 
state commission of prisons. 

5. Hold himself in readiness at all times to discharge his duties 
as such physician, whenever directed by the superintendent. 

6. Perform such other duties as may be prescribed by the rules 
and regulations of the board of managers. 

[New. While the present law recognizes the office of physi- 
cian, his duties are not specified. 

The duties of this important officer should not be left solely to 
the will of the general superintendent or the board of managers.] 



59 
§ 109. Powers and duties of treasurer. — The treasurer of each 
reformatory shall: 

1. Have the custody of all moneys received from the comptrol- 
ler on accounts of estimates made by the superintendent and re- 
vised and approved by the comptroller and keep an accurate ac- 
count thereof. 

2. Collect and receive all moneys due the reformatory from any 
source. 

3. Deposit all such money in a bank designated by the comp- 
troller, conveniently near the reformatory, in his name as treas- 
urer, and send each month to the comptroller a statement showing 
the amount so received and deposited, and from whom and for 
what received, and when such deposits were made. Such state- 
ment of deposits shall be certified by the proper officer of the bank 
receiving such deposit. The treasurer shall attach to such state- 
ment an affidavit to the effect that the sum so deposited is all 
the money received by him from any source, since making the 
last statement. A bank designated by the comptroller to receive 
such deposits shall, before any deposit is made, execute a bond to 
the people of the state, in a sum and with sureties approved by 
the comptroller, conditioned for the safe-keeping of the funds de- 
posited. 

4. Pay out money deposited for the uses of the reformatory, 
upon the vouchers of the superintendent, in accordance with the 
estimates made by the superintendent and revised and approved 
by the comptroller. 



60 
5. Cause to be kept full and accurate accounts of all receipts 
and expenditures in the manner and form prescribed by the 

comptroller. 

[New. The present law contains no regulation of the powers 
and duties of the treasurer. 

The act of 1887 does not attempt to regulate the finances of 
Elmira reformatory. It is proposed that the treasurer perform 
duties similar to those of such officers in other state institutions.] 

§ 110. Monthly estimates of expenses; contingent fund. — The 
superintendent of each reformatory shall, on or before the fif- 
teenth day of each month, cause to be prepared duplicate esti- 
mates in minute detail, of the expenses required for the reforma- 
tory under his charge for the ensuing month. He shall counter- 
sign and submit one of such duplicates to the comptroller, and 
retain the other to be placed on file in the office of the reforma- 
tory. The comptroller may cause such estimates to be revised 
either as to quantity or quality of supplies and the estimated 
cost thereof. Upon the revision and approval of such estimates, 
the comptroller shall authorize the board of managers of such 
reformatory to make drafts on him, as the money may be re- 
quired for the purposes mentioned in such estimates, which drafts 
shall be paid on his warrant, out of the funds in the treasury of 
the state appropriated for the support of such reformatory. In 
every such estimate there shall be a sum named, not to exceed 
two hundred and fifty dollars, as a contingent fund, for which 
no minute detailed statement need be made. No expenditure 
shall be made from such contingent fund, except in case of actual 
emergency, requiring immediate action, and which cannot be de- 



61 

ferred without loss or danger to the reformatory, or the inmates 
thereof. No payments shall be made on account of goods fur- 
nished, salaries of officers, or wages of employes, unless they are 
contained in the estimate provided in this section, and duly ap- 
proved by the comptroller. 

[This section is new. But in the general appropriation law of 
1897, monthly estimates were required of each reformatory. The 
adoption of this and the following section will not materially 
modify the present financial system of the reformatory.] 

§ 111. Monthly statements of receipts and expenditures. — The 
treasurer of each reformatory shall, on or before the fifteenth day 
of each month, make to the comptroller, a full and perfect state- 
ment of all the receipts and expenditures, specifying the several 
items, for the last preceding calendar month. Such statement 
shall be verified by the affidavit of the treasurer attached thereto, 
in the following form: 

I treasurer of the do solemnly 

swear that I have deposited in the bank designated by law for 
such purpose all the moneys received by me on account of such 

during the last month; and I do further swear 

that the foregcing is a true abstract of all the moneys received, 
and expenditures made by me or under my direction as such 
treasurer during the month ending on the day of 

18 . 

[New. See note to preceding section.] 

§ 112. Affidavit of superintendent; vouchers. — There shall be 

» 
attached to such treasurer's statement, the affidavit of the super- 
intendent, to the effect thalt the goods and other articles therein 



02 
specified were purchased and received by him or under his direc- 
tion at the reformatory, that the goods were purchased at a fair 
cash market price and paid for in cash, and that neither he nor 
any person in his behalf had any pecuniary or other interest in 
the articles purchased; that he received no pecuniary or other 
benefit therefrom in the way of commission, percentage, deduc- 
tions or presents, or in any other manner whatever, directly or 
indirectly; that the articles contained in such bill were received 
at the institution; that they conformed in all respects to the 
invoiced goods received and ordered by him, both in quality and 
quantity. Such statement shall be accompanied by the vouchers, 
showing the payment of the several items contained in the state- 
ment, the amount of such payment and for what the payment was 
made. Such vouchers shall be examined by the comptroller and 
compared with the estimates made for the month for which the 
statement is rendered. If any voucher is found objectionable, 
the comptroller shall endorse his disapproval thereon, with the 
reason therefor, and return it to the treasurer, who shall present 
it to the board of managers for correction and immediately re- 
turn it to the comptroller. All such vouchers shall be filed in the 

office of the comptroller. 

[This section is new, but conforms with the law relating to the 
same subject in state prisons.] 

§ 113. Purchases. — All purchases for the use of the reforma- 
tories shall be made for cash and not on credit or time; every 
voucher shall be duly filled up at the time it is taken, and with 
every abstract of vouchers paid there shall be proof on oath that 



G3 
the voucher was filled up and the money paid at the time it was 
taken. The board of managers shall make all needful rules and 
regulations to enforce the provisions of this section. No man- 
ager, officer or employe of a reformatory shall be interested 
directly or indirectly, in the furnishing of materials, labor or 
supplies for the use of such reformatory, nor shall any manager 

act as attorney or counsel for the board of managers thereof. 

[This section is new. But see State Finance Law (L. 1897, 
chap. 413), §§ 16, 17 J 

§ 114. Transportation of convicts to reformatories. — Upon the 
receipt, by the superintendent of a state reformatory, of notice of 
the sentence of a convict thereto, an officer of the reformatory 
shall proceed to the place of conviction, and the sheriff or keeper 
of the prison having custody of the convict, shall deliver the con- 
vict to such officer, with the papers required to be delivered with 
such convict, and such officer shall thereupon convey such con- 
vict to the reformatory at the expense of the reformatory. Such 
officer shall for the purpose of such conveyance have all the 
powers possessed by sheriffs in conveying a convict to a state 

prison in pursuance of law. 

[L. 1887, chap. 711, § 8, without change.] 

§ 115. Transfer of prisoners to state prisons. — If it shall appear 
to the board of managers of a reformatory that a prisoner con- 
fined therein 

1. Was, at the time of his conviction, more than thirty years 
of age; or 

2. Has been previously convicted of a felony; or 



64 

3. While in the reformatory, is incorrigible and that his pres- 
ence therein is seriously detrimental to the welfare of the insti 
tution; an application may be made to a justice of the supreme 
court of the judicial district in which such reformatory is located, 
for an order transferring such prisoner to a state prison. Such 
application shall be by written petition signed by the president 
and secretary of the board and shall state the causes for seeking 
such transfer and shall have endorsed thereon or attached thereto 
the consent to such transfer of the superintendent of state pris- 
ons, which shall specify the prison to which such prisoner is to 
be transferred. 

Upon proof of the service of such notice, and upon such hearing 
as the justice may prescribe, such justice shall grant such order 
of transfer, if it appear to his satisfaction that the facts alleged 
are true and that such transfer should be made. 

A prisoner so transferred shall be confined in such state prison 
as under an indeterminate sentence, commencing with his im- 
prisonment in the reformatory with a minimum of one year, and 
a maximum fixed by the court when imposing the sentence, or 
by statute, if the court has not fixed such maximum; and such 
prisoner, while in such prison, shall be entitled to commutation 
of sentence for good conduct, in reduction of said maximum 
period, as are prisoners sentenced for fixed terms, and may be 
released on parole or absolutely discharged as are other prisoners 
confined under an indeterminate sentence, or returned to the 
reformatory in the discretion of the superintendent of state 



65 
prisons and with the consent of the board of managers of such 

reformatory. 

[By L. 1SS7, chap. 711, § 11, first sentence, it is provided that: 
" The board of managers shall have power to transfer temporarily 
with the written consent of the superintendent of prisons, to 
either of the state prisons, or in case any prisoner shall become 
insane, to the state asylum for insane criminals, any prisoner, 
who, subsequent to his committal, shall be shown to have been, 
at the time of his conviction more -than thirty years of age, or to 
have been previously convicted of crime, and may also so transfer 
any apparently incorrigible prisoner whose presence in the re- 
formatory appears to be seriously detrimental to the well being 
of the institution. And such managers may, by written requisi- 
tion, require the return to the reformatory of any person who 
may have been so transferred." 

It is proposed by the revision that an order of the court be 
secured before any transfer be made to a state prison. A pris- 
oner transferred to a state prison is to remain at such prison 
until the expiration of " the maximum term provided by law for 
the crime for which the prisoner was convicted and sentenced," 
unless sooner recalled by the written requisition of the reforma- 
tory managers. The board of managers has seldom, if ever, ex- 
ercised its right of recall. Prisoners sentenced to a reformatory 
for an offense, the punishment for which should, because of ex- 
tenuating circumstances, be lenient, can be imprisoned for a 
much longer term than justice requires. The court often imposes 
the sentence for the purpose of lessening the rigor of the punish- 
ment. 

This purpose may be subverted by the board of managers if it 
appears that the prisoner is more than thirty years of age, has 
been previously convicted of crime, even of a trivial nature, or 
while in the reformatory does not conform with the reformatory 
rules and discipline. The right to transfer to a state prison should 
be preserved, but it is suggested that the board of managers 
should not be vested with the power of changing absolutely the 
form and duration of the imprisonment. We have therefore pro- 
posed that the transfer of a prisoner to a state prison be made 
upon the order of a justice of the supreme court. 

The court in sentencing the convict to a reformatory for an 
indefinite term, recognizes the right of the board of managers to 
terminate the imprisonment before the expiration of a maximum 



66 

period. When the prisoner is transferred to a state prison, he 
is removed from the active surveillance of the reformatory offi- 
cers, and the determination of the length of his imprisonment 
should no longer be subject to their control. He is sentenced to 
imprisonment for an indeterminate term, and that imprisonment, 
either in the reformatory or a state prison, should be subject to 
diminution by the good conduct of the prisoner, according to the 
rules of either institution. 

iWe have therefore provided that when a prisoner is trans- 
ferred to a state prison he shall be confined therein as under an 
indeterminate sentence, subject to release at any time prior to 
the expiration of the "maximum period," by the parole board of 
the prison.] 

§ 116. Transfer from state prisons to reformatories. — When- 
ever there is unoccupied room in either reformatory, the board 
of managers thereof may make a requisition upon the superin- 
tendent of state prisons, for a sufficient number of well-behaved 
and most promising convicts under thirty years of age and who 
are confined in a state prison because of a first offense, and the 
superintendent of state prisons shall transfer such convicts to 
such reformatory for education and treatment under the rules and 
regulations thereof. The board of managers shall receive and 
detain the prisoners so transferred for the terms of their sen- 
tences, if such sentences are for fixed terms, less the commutation 
of imprisonment that would have been allowed to them for good 
conduct if they had completed their terms in the state prisons 
from which they were transferred. If such prisoners are confined 
under an indeterminate sentence, they may be paroled and dis- 
charged as are prisoners confined in a state prison, except that 
the board of managers shall constitute a board of parole for the 



G7 
purpose of paroling and discharging such prisoners, and such 
board shall make rules and regulations for such parole and dis- 
charge not inconsistent with law and in general conformity with 
the rules and regulations made by the parole boards of the state 
prisons. 

The provisions of this chapter relating to the terms of commu- 
tation of imprisonment for good conduct are applicable to the 

prisoners so transferred. 

[L. 1887, chap. 711, § 12. 

The last sentence of the first paragraph is new, and is in- 
serted in view of the fact that prisoners are occasionally sen- 
tenced to state prisons for indeterminate sentences, and of the 
change suggested by this commission as to the imposing of inde- 
terminate sentences in all cases.] 

§ 117. Transfers from one reformatory to another. — Whenever 
the Eastern reformatory is completed and ready for occupancy, 
the state commission of prisons may cause to be transferred 
thereto from the Elmira reformatory, upon the application of the 
board of managers of the former and upon due notice to the board 
of managers of the latter reformatory, as many prisoners as may 
be deemed practicable, under regulation© and in the manner pre- 
scribed by such commission. 

Prisoners may be transferred from one reformatory to another, 
after such Eastern reformatory is completed and occupied, when- 
ever the commission may deem it necessary and feasible. No 
transfer shall be made except upon the application of the board 
of managers of one reformatory and upon notice of such applica- 



68 
tk>n to the reformatory from which the transfer is sought to be 

made. 

» 

[This section is new; when the Eastern reformatory at Napa- 
noch is ready for occupancy it will at first be necessary to trans- 
fer inmates from' Elmira to such reformatory.] 

§ 118. Control and discipline of prisoners. — The board of man- 
agers of each reformatory shall maintain such control over all 
prisoners committed to their custody, as shall prevent them from 
committing crime, best secure their self-support and accomplish 
their reformation. The discipline to be observed therein shall be 
reformative and each board of managers may use such means of 
reformation consistent with the security and improvement of the 
prisoners, as they may deem expedient. The prisoners therein 
may be employed in agricultural or mechanical labor as a means 

of securing their support and reformation. 

[The first sentence of this section is a proposed re-enactment of 
L. 1887, chap. 711, § 13, without change. 

The remainder of the section is derived from L. 1887, chap. 711, 
§ 10, without change.] 

§ 119. Eegister of prisoners. — The board of managers of each 
reformatory shall cause to be entered in a register the date of 
the admission of each prisoner received therein, the name, age, 
nativity and nationality of such prisoner, and also such other 
ascertainable facts relating to parentage and early social in- 
fluences as seem to indicate the constitutional and acquired de- 
fects and tendencies of the prisoner, and based upon these, an 
estimate of the then present condition of the prisoner and the 
best probable plan of treatment. There shall also be entered 



G9 
upon such register, quarterly or oftener, minutes of observed im- 
provement or deterioration of character, notes as to methods of 
treatment employed, all orders or alterations affecting the stand- 
ing or situation of such prisoner, the circumstances of his final 
release and any subsequent facts relating to his personal history 

which may be brought to their knowledge. 

£L. 1887, chap. 711, § 13, all except the first sentence, without 
change.] 

§ 120. Parole of prisoners. — The board of managers of each 
reformatory may allow the prisoners confined therein to go upon 
parole outside of the reformatory buildings and inclosures. A 
person so paroled shall remain in the legal custody and under the 
control of the board until the expiration of the maximum term, 
or until his absolute discharge as provided by law. No personal 
appearances before the board shall be permitted in behalf of the 

parole or discharge of any prisoner. 

[L. 1887, chap. 711, § 11. 

The words " until the expiration of the maximum term, or until 
his absolute discharge as provided by law " are new. 

The last sentence is a substitute for the sentence: " But no 
petition or other form of application for the release of any pris- 
oner shall be entertained by the managers." 

The power to grant paroles contained in § 11 of the present 
law is contained in the following sentence thereof: "The said 
board of managers shall also have power to establish rules and 
regulations under which prisoners within the reformatory may 
be allowed to go upon parole outside of the reformatory buildings 
and inclosure, but to remain, while on parole, in the legal cus- 
tody and under the control of the board of managers," etc. The 
power to make rules and regulations is retained in § 122 of the 
revision.] 



70 
§ 121. Retaking of paroled prisoners. — If the board of man- 
agers of the reformatory from which the prisoner was paroled 
has reasonable cause to believe that such prisoner has violated 
the conditions of his parole, the board may issue its warrant 
certified by its secretary, for the retaking of such prisoner at any 
time prior to the expiration of the maximum term as 
provided by law. The time within which the prisoner 
must be retaken shall be specified in the warrant. Such 
warrant may be issued to an officer of the reformatory 
or to any peace officer of the state, who shall execute the 
same by taking such prisoner into custody within the time speci- 
fied in the warrant. The officer shall forthwith take such pris- 
oner before the county judge of the county, or a justice of the 
supreme court of the judicial district in which he is retaken, and 
such judge or justice upon satisfactory proof that such prisoner 
has violated his parole, shall by order direct the return of such 
prisoner to the reformatory from which he was paroled, and 
thereupon such officer shall return such prisoner to such reform- 
atory, where he may be retained for the remainder of the maxi- 
mum period of his sentence. The time during which the prisoner 

was on parole shall not be deemed a part of such maximum term. 

[By § 11 of L. 1887, chap. 711, it is provided that the board of 
managers shall have full power "to retake and reimprison any 
convict so upon parole, * * * whose written order certified 
by its secretary, shall be a sufficient warrant for all officers named 
in it to authorize such officers to return to actual custody any 
conditionally released or paroled prisoner; and it is hereby made 
the duty of all officers to execute said order the same as ordinary 
criminal process." 



71 

It will be noticed that under the present law no time is pre- 
scribed or required to be specified in the warrant for the retaking 
of a paroled prisoner. We have inserted the words " at any time 
prior to the expiration of the maximum term as provided by law." 

"The time within which the prisoner must be retaken shall be 
specified in the warrant." It was not the intention of the present 
law that a paroled prisoner should be retaken at any time with- 
out regard to the expiration of his maximum term. The insertion 
will make clear the manifest intent of the framers of the original 
statute. 

We have also suggested that the prisoner who has been charged 
with a violation of the conditions of his parole be given a hearing 
before a county judge of the county or a justice of the supreme 
court of the judicial district in which he is retaken. This sug- 
gestion should meet with the approval of the legislature, because 
it is evident that a prisoner on parole should not be deprived of a 
privilege earned by his good conduct without an opportunity to 
refute the charges made against him before a tribunal free from 
all prejudices.] 

§ 122. Rules and regulations.— The board of managers of each 
reformatory shall make rules and regulations, not inconsistent 
with law. 

1. Prescribing the conditions under which prisoners may be 
paroled or conditionally released; 

2. Regulating the retaking and reimprisonment of such pri»- 
oners; :.:-,■■• '.,;'•■ 

3. Providing for the employment, discipline, instruction and 
education of the prisoners. 

Such rules and regulations shall be adopted by the resolution 
of the board of managers passed at a meeting thereof at which 
a majority of its members shall be present. All rules and regu- 
lations heretofore or hereafter adopted and in force shall be 



72 
printed and a copy thereof distributed to each officer, employe 

and prisoner in the reformatory. 

[L. 1887, chap. 711, § 11, in part. 

The last paragraph is new. The following sentences of § 11 of 
the act of 1887 are revised and included in this section: 

" The board of managers shall also have power to establish 
rules and regulations under which prisoners within the reform- 
atory may be allowed to go upon parole," etc. 

*' The said board of managers shall also have power to make 
all rules and regulations necessary and proper for the employ- 
ment, discipline, instruction, education, removal and temporary 
or conditional release and return, as aforesaid of all the convicts 
in said reformatory."]] 

§ 123. Marks for good conduct; records filed with secretary 
of state. — The board of managers of each reformatory shall adopt 
a uniform system of marks by means of which shall be deter- 
mined the number of marks or credits to be earned by each pris- 
oner sentenced to such reformatory, as the condition of increased 
privileges, or of release from their control, which system shall be 
subject to revision from time to time. Each prisoner shall be 
credited for good personal demeanor, diligence in labor and 
study, and for results accomplished, and be charged for derelic- 
tion, negligence and offences. Each prisoner's account of marks 
or credits shall be made known to him as often as once a month 
and oftener if he shall request it. The board of managers shall 
make rules and regulations by which each prisoner shall be per- 
mitted to see and converse with some member of the board of 
managers at stated periods, without the presence of the super- 
intendent or other officers of the reformatory. 

An abstract of the record in the case of each prisoner confined 



73 

in each reformatory shall be made semi-annually, showing the 
date of admission, the age, the situation at the time of making 
such abstract, whether in the reformatory, or state prison, the 
hospital for insane criminals or elsewhere, whether any and how 
much progress or improvement has been made, and the reason 
for release or continued custody or transfer as the case may be. 
Such abstract shall be considered by the board of managers at a 

regular meeting and filed with the secretary of state. 

[L. 1887, chap. 711, § 14, in part. The part of such section 
relating to absolute releases is contained in the following sec- 
tion. The sentence relating to applications for release of prison- 
ers is omitted, but see last sentence of § 120 of the revision, which 
is proposed as a substitute. 

The last two sentences of the first paragraph of the above sec- 
tion of the revision are substituted for the following provisions 
of § 14 of the present law: " The managers shall establish rules 
and regulations by which the standing of each prisoner's account 
of marks or credits shall be made known to him as often as once 
a month, and oftener if he shall at any time request it, and may 
make provision by which any prisoner may see and converse with 
some one of said managers during every month."] 

§ 124. Absolute release from imprisonment. — When it appears 
to the board of managers that there is strong or reasonable prob- 
ability that any prisoner will live and remain at liberty without 
violating the law, and that his release is not incompatible with 
the welfare of society, they shall issue to such prisoner an abso- 
lute release or discharge from imprisonment. Nothing herein 
contained shall be construed to impair the power of the governor 

to grant a pardon or commutation in any case. 

[L. 1887, chap. 711, § 14, last and second from the last sen- 
tences, without change.] 



74 
§ 125. Sentences for a definite period. — If, through oversight or 
otherwise, a person be sentenced to imprisonment in either of 
such reformatories for a definite period of time, such sentence 
shall not, for that reason, be void, but the person so sentenced 
shall be entitled to the benefits and subject to the liabilities of 
this article, in the same manner and to the same extent as if such 
sentence had been made for an indefinite period of time in the 

manner provided by the penal code. 

[L. 1887, chap. 711, § 15. The clause reading " and in such 
case said managers shall deliver to said offenders a copy of this 
act, and written information of his relation to said managers " 
is omitted as unnecessary.] 

§ 126. Supervision of paroled prisoners. — The board of man' 

agers may appoint and at pleasure remove suitable persons in 

any part of the state, who shall supervise paroled prisoners and 

perform such other lawful duties as may be required of them by 

such board. Such persons shall be subject to the direction of 

the board. They shall be paid a reasonable compensation for 

their services and expenses, which shall be a charge upon and 

paid from the funds of the reformatory. 
,[L. 1887, chap. 711, § 16, without change.] " M 

§ 127. Reports to governor. — Within ten days after this chap- 
ter takes effect, the superinitendenit of the Elmira reformatory 
shall report to the governor the names of all prisoners confined 
therein at the time of making such report, the dates of their sen- 
tences and admission to the reformatory, the crime for which they 
were convicted, the place of their conviction and the court or 
judge by whom sentenced. 



75 
During the first week of each month a similar report shall be 
made showing similar facts relating to the prisoners admitted to 
a reformatory, during the preceding month, and containing the 
names of the prisoners who died, with the causes of their death, 
and also the names of those who were paroled, absolutely re- 
leased or transferred, with the name of the institution to which 
the transfer was made, within such month. The superintendent 
shall furnish such other information and reports as the governor 

may require. 

[This section is new.] 

ARTICLE VI. 
STATE PRISONS; OFFICERS. 

Section 140. Location and names of state prisons. 

141. Superintendent of state prisons; compensation and 

expenses. 

142. Office and clerical force of the superintendent. 

143. General powers and duties of superintendent. 

144. Annual report of superintendent. 

145. Officers and employes. 

146. State detective. 

147. Qualifications of officers and employes. 

148. Compensation of officers of state prisons. 

149. Official oaths. 

150. Undertakings. 

151. General duties of warden. 

152. General duties of clerk. 



76 
Section 153. General duties of physician. 

154. General duties of chaplain. 

155. General duties of principal keeper. 

156. General duties of store keeper. 

157. General duties of kitchen keeper. 

[General note. — This article contains the provisions of the 
present law relating to the superintendent of state prisons and his 
general powers and duties; and the appointment, qualifications, 
compensation and general duties of prison officers. At the end 
of each section, is a reference to the law from which the section is 
derived.^ 

§ 140. Location and names of state prisons. — There shall con- 
tinue to be maintained for the security and reformation of male 
convicts in this state, three state prisons; one at Sing Sing, in 
Westchester county; one at Auburn, in Cayuga county; and one 
at Dannemora, in Clinton county, which prisons shall respect- 
ively be denominated the Sing Sing prison, the Auburn prison and 
the Clinton prison ; and for the security and reformation of female 

convicts in this state, the state prison for women at Auburn. 

£R. &, pt. IV, chap. 3, tit. II, § 29, as amended by 
L. 1889, chap. 382. 

The word " male " is inserted; the last clause is new. The 
state prison for women was established -by L. 1893, chap. 306, and 
in that act it was provided that all women convicted of felony 
were to be sentenced to such prison. See article XII.] 

§ 141. Superintendent of state prisons; compensation and ex- 
penses. — The superintendent of state prisons shall be appointed in 
the manner and for the time prescribed by section four- of article 
five of the constitution, and shall perform the duties and possess 
the powers set forth in such section. He shall be paid an annual 



77 
salary of six thousand dollars, and all reasonable and necessary 
expenses incurred by him personally in the discharge of his 
official duties. He shall file, monthly, with the comptroller an 

itemized and verified account of his personal and office expense*. 

[K. S., pt. IV, chap. 3, tit. II, § 31, as amended by 
L. 1889, chap. 382. 

Such section reads as follows: 

" § 31. The superintendent of state prisons shall receive an 
annual salary of six thousand dollars, payable monthly by the 
treasurer on the warrant of the comptroller, and in addition 
thereto, all reasonable and necessary traveling expenses by him 
actually incurred and paid in the discharge of his official duties, 
not exceeding the sum of five hundred dollars per annum, and a 
further sum of four thousand nine hundred and fifty dollars per 
annum, or so much thereof as may be necessary for clerk hire, 
copying and messenger, postage, stationery and other incidental 
expenses, of all which expenses he shall keep an account by 
items and verify the same by his oath to be filed with the 
comptroller." 

The clause fixing the amount to be expended by the superin- 
tendent for personal and office expenses is omitted. The legisla- 
ture each year appropriates for such expenses, without regard to 
the limitation expressed in this statute.] 

§ 142. Office and clerical force of the superintendent. — The 
superintendent of state prisons shall have his office in the city of 
Albany. He may appoint a chief clerk and such assistants as 
he may need and fix their compensation. He may delegate to his 
chief clerk authority in his absence to certify estimates to the 
comptroller, to sign orders for the transfer of convicts, to approve 
vouchers covering expenditures made by the wardens and by the 
medical superintendents of the Matteawan State Hospital for In- 
sane Criminals and the Dannemora Hospital for Insane Convicts, 
when completed and ready for occupancy, and to conduct inves- 



78 
tigations in matters pertaining to the institutions under his 
charge. The chief clerk may administer oaths and take affi- 
davits in all matters relating to the affairs of the state prisons. 

i[The first sentence is the first sentence of § 40 of R. S., pt. IV, 
chap. 3. tit. II, as amended by L. 1889, chap. 382. 

The provision of the present law relating to the delegation of 
power to the chief clerk is as follows: 

" The superintendent of state prisons may delegate to his clerk 
authority to certify, in the absence of the superintendent, esti- 
mates to the comptroller, to sign orders for the transfer of con- 
victs, and to sign orders for the discharge of insane criminals, 
whose term of imprisonment has expired." 

Section 65 of the present statute authorizes the chief clerk to 
administer oaths and take affidavits.] 

§ 143. General powers and duties of superintendent. — The 
superintendent of state prisons shall: 

1. Have the general supervision, management and control of 
the state prisons and the convicts therein, and of all matters re- 
lating to their government, discipline, contracts and fiscal con- 
cerns. 

2. Inquire into all matters connected with such prisons. 

3. Makes rules and regulations, not inconsistent with law, for 
the government and discipline of each prison and of the officers 
and employes thereof, except the clerks and assistant clerks, and 
cause the same to be recorded by the clerk of the prison and a 
printed copy thereof to be furnished to each officer thereof upon 
his appointment. 

4. Prescribe a uniform system of accounts and records to be 
kept at each prison. 



79 

5. Have power to require reports from the warden or other 
officers in relation to their conduct as such officers. 

6. Inquire into any improper conduct alleged to have been com- 
mitted by an officer or employe of either of such prisons. 

7. Have power to take proofs and hear testimony, under oath, 
in any investigation or inquiry which he is authorized to conduct, 
and may issue subpoenas for the attendance of witnesses and the 
production of papers thereat. 

8. Have power to administer oaths and take acknowledgment* 

in all matters relating to the state prisons. . \ 

[R. S., pt. IV, chap. 3, tit. II, § 40, as amended by 
L. 1889, chap. 382. 

The several powers and duties are arranged in subdivisions for 
convenience of reference. 

Subdivisions 1, 2, 3, 5 and 6 are proposed enactments of similar 
provisions in § 40 of the present law, without change. 

Subdivision 4 is derived from a sentence contained in such 
§ 40, whieh reads as follows: " He shall also prescribe a system 
of accounts and records to be kept at each prison, which system 
shall be uniform at all of said prisons, and he may also make 
rules and regulations for a record of tphotographs and other means 
of identifying each convict received into said prisons.'' The lat- 
ter part of such sentence relating to photographs and the identifi- 
cation of convicts is superseded by the Bertillon system of 
identification. 

Subdivision 7 is taken from the following sentence of such 
§ 40 : " The superintendent of state prisons shall have power to- 
enquire into any improper conduct which may be alleged to have 
been committed by the agent and warden or other officer of either 
of the said prisons, and for that purpose to issue subpoenas to 
compel the attendance of witnesses, and the production before 
him of books, writings and papers in the same manner and with 
the like effect and subject to the same penalties for disobedience 
as in cases of trials before justices of the peace, and to examine 
in person or by attorney all persons who may be brought before 
him as such witnesses." We have omitted the reference to penal- 



80 

ties for disobedience of subpoenas. Sections 852-856 of the code 
of civil procedure authorizes any person who has the power to 
" hear, try or determine a matter " to issue subpoenas and compel 
the attendance of witnesses and to punish a witness who refuses 
to answer pertinent questions. 

Such sections being applicable to hearings before the superin- 
tendent, it is unnecessary to re-enact a part of the sentence above 
quoted. 

Subdivision 8 is a similar power to that granted by the first 
sentence of § 65 of the former law.] 

§ 144. Annual report of the superintendent. — The superin- 
tendent of state prisons shall, on or before the tenth day of Jan- 
uary in each year, report to the legislature in writing the condi- 
tion of each of the prisons for the year ending with the last day 
of the previous September, specifying the number of convicts 
confined during such year, and for what offenses; the number 
transferred from any prison and for what reasons; the moral, 
intellectual and physical condition of the prisoners and how em- 
ployed; the amount of money expended during such year, and 
how, in detail; the amount of money earned during such year, 
and how, in detail; the amount paid into the treasury during 
such year, and such others matters as may seem to him to be 

pertinent and proper. 

[R. S., pt. IV, chap. 3, tit. II, § 41, as amended by 
L. 1889, chap. 382, without change.] 

§ 145. Officers and employes. — There shall be in each prison: 

1. A warden, physician and chaplain to be appointed by the 
superintendent and removed by him when, in his judgment, the 
public interests so require. 

2. A clerk and assistant clerk, to be appointed by the comp- 
troller. 



SI 

3. A principal keeper, a store keeper, a kitchen keeper, a hall 
keeper, a yard keeper, and a sergeant of the guard, to be ap- 
pointed and removed for cause by the warden, subject to the 
approval of the superintendent. 

4. Keepers, guards, teachers and employes to be appointed by 
the warden, subject to the approval of the superintendent. The 
mumber of such keepers, guards, teachers and employes shall be 
fixed by the superintendent. He shall also determine the num- 
ber to reside at each prison. There shall not be more than <one 

keeper and one guard for each twenty-eight prisoners. 

[R. S., pt. IV, chap. 3, tit. II, § 30, as amended by 
L. 1S89, chap. 382, all except last paragraph. 

For comparison we have inserted the part of such section from 
which the section of the revision is derived : 

§ 30. The superintendent of state prisons shall appoint the 
agent and warden, physician, and chaplain of each of the said pris- 
ons, as provided in the constitution; and he may remove them 
from office whenever in his judgment the public interests shall so 
require. He shall designate such number of keepers, guards, 
teachers and other employes at each of said prisons as he may 
deem necessary for the safe-keeping and improvement of the 
prisoners or for the maintenance of discipline, and he shall also 
designate which of them shall reside at the prison. But the num- 
ber of keepers and guards shall not exceed the proportion of one 
keeper and one guard to twenty-eight prisoners at each of said 
prisons. 

1. The comptroller shall appoint a clerk of each of said prisons 
as provided by the constitution, and is authorized to appoint an 
assistant clerk of each of said prisons whenever in his judgment 
the public interests shall so require. 

2. The agent and warden of each of said prisons shall appoint, 
subject to the approval of the superintendent of state prisons, a 
principal keeper, a store-keeper, a kitchen-keeper, a hall-keeper, 
a yard-keeper, a sergeant of the guard, and so many other keep- 
ers, guards, teachers and employes of such prison as shall be 
designated by the superintendent of state prisons as aforesaid, 



8^ 

and such agent and warden shall have the power to remove suoh 
subordinate officers and employes so appointed by him. 

The most of the changes made are verbal. 

The words " and removed for cause by the warden " contained 
in the third subdivision of the proposed section are new.l 

§ 146. State detective. — The warden of Sing Sing prison may 

appoint, with the advice and consent of the superintendent, a 

Btate detective, who shall be located at such prison and be a 

keeper thereof. 

[R. S., pt. IV, chap. 3, tit. II, § 34, as amended by 
L. 1895, chap. 730, last two sentences. 

The compensation of the state detective is prescribed in § 148 
of 1he revision. 

The present law provides that " There shall be at Sing Sing 
prison a keeper, who shall be known as the state detective 
* * * . The warden of Sing Sing prison is hereby authorized 
and empowered, with the advice and consent of the superintend- 
ent of state prisons, to appoint the state detective."] 

§ 147. Qualification® of officers and employes. — No person 
shall be appointed as an officer in a state prison because of polit- 
ical services or partisanship. Each person so appointed shall 
be honest, capable and adapted to the work which he is required 
to perform and shall be over twenty-one years of age and a 
citizen of the state. No person shall be so appointed who ii 
addicted to the use of intoxicating liquors. An officer or employe 
of a state prison who is intoxicated while on duty, shall be at 
once removed. 

If an officer knowingly appoints a person to an office in a state 
prison, contrary to the provisions of this section, or fails to re- 
move an officer or employe who to his knowledge has been in- 



83 
toxicated while on duty, it shall be a sufficient cause for his 

removal from office. 

[The last paragraph is new. The remainder of the section is 
derived from R. iS., pt. IV, chap. 3, tit. II, § 30, sub. 3. Such 
subdivision is as follows : 

" No appointment shall be made in any of the state prisons of 
this state on the grounds of political partisanship; but honest}', 
capacity and adaptation shall constitute the rule for appoint- 
ments, and any violation of this rule shall be sufficient cause for 
the removal from office of the officer committing such violation. 
No person under twenty-one years of age shall be appointed to or 
hold any office at any state prison, nor shall any subordinate 
officer be appointed at any of said prisons by the ageut and war- 
den, unless such subordinate officer is a citizen of this state."] 

§ 148. Compensation of officers of state prisons. — The warden 
of each state prison shall be paid an annual salary of three thou- 
sand five hundred dollars, and his necessary expenses while trav- 
eling on official business. He shall /reside at the prison in the 
house connected therewith, be provided with furniture, fuel and 
lights at the expense of the state, and be allowed rations from 
the prison stores for himself and family, and the services of such 
prisoners as may be required for household duty. 

There shall be paid by the state to the physician, clerk and 
chaplain of each state prison, an annual salary of two thousand 
dollars, and to each assistant clerk, an annual salary, to be fixed 
by the comptroller, not exceeding fifteen hundred dollars. They 
shall have their offices at the respective prisons, and be furnished 
with fuel and lights therefor. The superintendent shall fix the 
salaries of the other officers of each state prison, not exceeding 
the following sums: The principal keeper, two thousand dollars; 



84 
the sergeant of the guard, nine hundred dollars; the kitchen 
keeper, store keeper, hall keeper and yard keeper, each twelve 
hundred dollars; each keeper, nine hundred dollars; each guard, 
seven hundred and eighty dollars; each teacher, three hundred 
dollars. The salaries of the other officers and employes shall be 
fixed by the superintendent, but that of the state detective shall 
not exceed the annual sum of eighteen hundred dollars. 

The salaries of all officers mentioned in this section shall be 
paid monthly. Such officers shall not receive any perquisites or 
endowments for their services other than the compensation pro- 
vided therefor by law. 

£R, S., pt. IV, chap. 3, tit. 2, §§ 32, 33, 34, 35, as amended by 
L. 1889, chap, 382. 

The sentence in § 32 which reads as follows is omitted : " The 
comptroller is hereby authorized to audit and allow from time to 
time all necessary expenses and subsistence of the agent and 
warden when necessarily traveling on official business, or when 
the attendance of such agent and warden is required at the seat 
of government, the necessity of such traveling and attendance 
to be decided by the comptroller, and the accounts therefor when 
so audited to be paid by the treasurer on the warrant of the comp- 
troller." 

This sentence seems unnecessary in view of the provisions con- 
tained in § 12 of the State Finance Law.] 

§ 149. Official oaths. — The superintendent of state prisons and 

each officer of a state prison before entering on the duties of his 

office, shall take the constitutional oath of office and file the same 

in the office of the comptroller. 

[R. S., pt. IV, chap. 3, tit. II, § 36, first clause, which reads as 
follows: "Within ten days from the time of notice of his appoint- 
ment, the superintendent of state prisons shall subscribe and take 
the oath of office prescribed by the constitution and file the same 
in the office of the secretary of state, and shall be in all respects 



So 

Subject bo the provisions of the sixth title of chapter five of the 
first part of the revised statutes." 

The reference to the revised statutes is uow to the Public 
Officers Law. which repealed all of chap. 5 of pt. I of the revised 
statutes. The luauuer and form of taking the oath are prescribed 
by Public Officers L., § 10. 

Section 37 of R. S., pt. IV, chap. 3, tit. II, requires all prison 
officers to take and subscribe the constitutional oath of office, 
which must be filed in the office of the comptroller.] 

§ 150. Undertakings. — The superintendent of state prisons shall 
execute an official undertaking in the sum of twenty-five thou- 
sand dollars, with sureties approved by the comptroller. The 
warden of each state prison and every other officer, when required 
to perform the duties of the warden, shall execute an official un- 
dertaking, with sureties approved by the superintendent and 
comptroller, in the sum of fifty thousand dollars. The comptrol- 
ler may require a new undertaking to be executed at any time. 

Each clerk and assistant clerk of a state prison shall execute 
an undertaking, with sufficient sureties approved by the comp- 
troller, in the sum of six thousand dollars. Each principal 
keeper, store keeper, kitchen keeper, hall keeper and yard keeper 
of a state prison shall execute an undertaking with sufficient 
sureties approved by the superintendent of state prisons, in the 
sum of five thousand dollars. All such undertakings shall be 

filed in the office of the comptroller. 

[R. S., pt. IV, chap. 3, tit. II, §§ 36 (in part), 38, 39, 
as amended by L. 1889, chap. 382. 

Public Officers Law,§§ 11-13, provide the method of executing an 
official undertaking and prescribe the effect of a failure to so exe- 
cute. We have, therefore, omitted the part of the sections here 
revised, relating to the form and effect of the undertakings re- 



86 

quired. The undertaking of the clerk is made six thousand dol- 
lars. No undertaking is now required of the assistant clerk. His 
duties are such that an undertaking should be required of him as 
of the clerk.] 

§ 151. General duties of warden. — The warden of each state 

prison shall: 

1. Attend regularly at such prison, and, subject to the author- 
ity of the superintendent, have the general supervision, govern- 
ment and control of the prison, of the subordinate officers and 
employes thereof, of the prisoners therein, and of the fiscal and 
business concerns thereof. 

2. Observe and enforce the rules and regulations of the super- 
intendent. 

3. Examine diligently into the state of the prison, the conduct 
of the officers and employes thereof, and into the health, condition 
and safe-keeping of the prisoners.' 

4. Inquire into the justice of complaints made by the prisoner*, 
relative to their provisions, clothing or treatment. 

5. Make necessary rules and regulations for the government of 
the prison, not inconsistent with law or the rules and regulation* 
of the superintendent. He shall cause such rules and regulations 
to be entered in a book and copies thereof to be printed and dis- 
tributed to each of the officers and employes upon their appoint- 
ment. 

6. Cause a daily journal to be kept of the proceedings of the 
prison, which shall include each infraction known by him of the 
rules and regulations of the prison by an officer, the nature and 



87 
amount of each punishment inflicted upon a prisoner, and by 
whom, and a memorandum of every well-founded complaint, 
made by a prisoner relative to bad or insufficient food, want of 
clothing, and cruel or unjust treatment by an officer. Such jour- 
nal shall be open at all times to the examination of the superin- 
tendent and the commission, or an officer or member thereof. 

[Subdivisions 1-5 are a revision of § 42 of E. S., pt. IV, chap. 
3, tit. II, as amended by L. 1889, chap. 382. No intended change 
has been made. 

Subdivision 6 is derived from § 43 of such statutes.] 

§ 152. General duties of clerk. — The clerk of each state prison 
shall: 

1. Reside within one mile of the prison. 

2. Conform to the disciplinary rules of the prison and perform 
his duties as prescribed by the comptroller. 

3. Enter in a book, under appropriate columns, the name of 
each prisoner in alphabetical order, his age, nativity, place of 
birth, occupation, complexion, stature, crime, court and county 
of conviction, term of sentence, number of previous convictions, 
places of previous imprisonment, date and manner of discharge 
therefrom and such additional facts as the superintendent may 
require to be so entered. 1 

4. Make an entry of all money and other articles received by 
the warden from each prisoner, giving him credit therefor. 

5. Make an entry in the books of the prison of all articles pur- 
chased for the prison, according to the bills received by the war- 
den. If the articles received do not agree with the bills there- 



88 
for, in weight, quantity or quality, he shall note in such books the 
discrepancy and notify the warden thereof. 

6. Keep an account of the financial transactions of the prison. 

7. Preserve in the prison a set of all official reports made to 
the legislature respecting the same, and a set of similar reports 
in relation to each of the other state prisons, which shall be sup- 
plied to him by the superintendent. 

8. Annually report to the warden of such prison on the first 
day of November the number of prisoners remaining in prison 
on the last day of the previous September, the number received 
during the year ending at such time, the number paroled, the 
number discharged by expiration of sentence, habeas corpus, 
pardon or otherwise, the number of deaths and escapes, and the 
number transferred to any other penal institution during such 
year. 

9. Make an annual report, verified by his oath, to the secretary 
of state, on or before the first of December, stating the names 
of prisoners discharged or pardoned from such prison during the 
year ending with the last day of the previous September, and the 
same particulars in relation to such prisoners as are required to 
be stated in the warden's monthly report to the superintendent, 
and, in cases of pardon, the time when granted, the remainder 
of the term of sentence at the time of pardon, and the conditions, 
if any, on which the pardon was granted, and the state of health 
of each prisoner so pardoned at the time of his discharge. 



89 
The assistant clerk of each state prison shall assist the clerk in 
the performance of his duties, in conformity with the disciplinary 
rules and regulations of the prison, and under the direction of 

the comptroller. 

[R. B., pt. IV, chap. 3, tit. 2, §§ 56, 57, as amended by L. 1889, 
chap. 382, revised and rearranged in subdivisions without change. 

Section 57 is revised in the last paragraph of the proposed 
section.] 

§ 153. General duties of physician. — The physician of each 
state prison shall : 

1. Reside within one mile of the prison. 

2. Attend daily during the proper business hours of the prison, 
and hold himself in readiness at all times to discharge his duties 
as such physician, whenever directed by the warden, unless by 
the direction of the superintendent he is otherwise engaged in the 
transaction of business on account of the prison. 

3. Examine weekly the ^cells of the prisoners for the pur- 
pose of ascertaining whether they are kept in a proper state of 
cleanliness and ventilation, and make a written report to the 
warden in respect thereto. 

4. Examine daily into. the quantity and quality of the food 
furnished to the prisoners, and immediately report, in writing, 
all deficiencies therein to the warden. 

5. Prescribe the allowance of food to prisoners undergoing pun- 
ishment in solitary confinement and examine daily, and as often 
as required by the warden, into the state of health of such pris- 
oners until released from such confinement. 



90 
C). Attend to the medical needs and prescribe the diet and 
treatment of the sick prisoners in the hospital, in the cells or else- 
where, and his directions in relation thereto shall be followed by 
the warden. 

7. Have charge of the hospital, and keep a daily record of all 
admissions thereto, showing the name, age, nativity, place of 
birth, occupation, habit of life, crime, time of entrance and dis- 
charge from the hospital, disease, date of admission to the prison 
and the time confined in a county jail before conviction. 

8. Report monthly to the warden the number of patients re- 
ceived into the hospital during the last preceding month, stating 
the facts in relation to each patient as shown by the hospital 
record, the number of deaths, the number of sick prisoners, not 
received into the hospital for whom he shall have prescribed dur- 
ing such month, and the number of days during which such pris- 
oners, in consequence of sickness shall have been relieved from 
labor. 

9. Annually report to the warden on or before the first day of 
November, the sanitary condition of the prison for the year end- 
ing with the last day of the previous September, with a con- 
densed statement of the information contained in his monthly 
reports, and such other matters as shall be required by the 

warden. 

[R. iS., pt. IV, chap. 3, tit. II, § 58, as amended by L. 1889, chap. 
382, without change, except as to the physicians' record and 
monthly report to the warden. 

iThe present law requires the physician to keep a record of 
the prisoners " afflicted with scrofula before admission, scrofula 



91 

during the first, second and third six months after admission to 
prison." This requirement is omitted, as, in the opinion of the 
prison physicians, it is unnecessary. 

We have also omitted the requirement of reporting to the war- 
den the kind and amount of medicines administered to sick 
prisoners.] 

§ 154. General duties of chaplain. — The chaplain in each state 

prison* shall: 

1. Hold religious services in the prison, under such regulations 
as the superintendent may prescribe, and attend to the spiritual 
wants of the prisoners. 

2. Visit weekly each cell in the prison. 

3. Visit the prisoners in their cells for the purpose of giving 
them religious and moral instruction, and devote at least one hour 
in each week day and the afternoon of each Sunday to such in- 
struction. 

4. Furnish at the expense of the state a Bible to each prisoner 
who requests it. 

5. Have charge of the library, and see that no improper books 
are introduced into the cells of the prisoners, and if any such 
book shall be found in the cells or in the possession of a prisoner 
take and return it to the warden. 

6. Visit daily the sick in the hospital. 

7. Report in writing quarterly to the warden the number of 
prisoners instructed during the last quarter, the branches of such 
instruction, the text-books used therein, the progress made by the 
prisoners, noting especially cases of unusual progreiss. 



92 
8. Annually on or before the first day of November, report in 
writing, under oath, to the warden, the religious and moral conduct 
of the prisoners during the year ending with the last day of the 
previous September, stating what services he shall have performed 
and the results of his instruction, and setting forth, as far as prac- 
ticable, in tabular form, the number of prisoners in the prison on 
the last day of the previous September, the name and age at con- 
viction of each, the number born in the United States, foreigners, 
birthplace of parents, the number able to read, read only, to read 
and write, well educated, classically educated, temperate, intern* 
perate, healthy, whether employed at the time of the commission 
of the crime, county where convicted, occupation, sentence, how 

many times recommitted and social state. 

£R. S., pt. IV, chap. 3, tit. II, § 59, as amended by 
L. 1889, chap. 382, without change in substance.] 

§ 155. General duties of principal keeper. — The principal 
keeper of each state prison shall enter in a time book, the name of 
each officer, keeper, guard and employe of the prison, except the 
warden, and shall daily mark therein the number of hours of ser- 
vice performed by each officer, keeper, guard or employe. At the 
end of each month, he shall report to the warden a verified sum- 
mary statement of such record. 

In the absence of ithe warden he shall have all the powers and 
shall perform the duties of the warden, except those relating to 

the financial affairs of the prison. 

£R. S., pt. IV, chap. 3, tit. II, § 60, as amended by 
L. 1889, chap. 382. The last sentence is new.] 



93 

§ 156. General duties of storekeeper. — The storekeeper of each 
state prison shall: 

1. Have charge of and keep in a safe place all articles pur- 
chased for the maintenance of the prison. 

2. Compare all purchases with the bills therefor furnished to 
him by the warden and note all discrepancies in quantity, or 
quality. 

3. Make an entry of all articles received by him for the use of 
the prison. 

4. Make an entry of each requisition upon him, showing the 
quantity and quality of the articles desired, on whose order 
and where sent. Articles shall not be delivered by him to any 
person, except upon the written requisition of the warden, prin- 
cipal keeper or kitchen keeper, or in their absence, of the persons 
acting as such. All such requisitions shall be filed in his office. 

5. Make out, at the end of each month, a sworn statement of 
the quantity and quality of articles delivered on requisitions, to 
whom delivered and the quantity and quality then on hand and 
the value thereof. Such statement shall be delivered to the war- 
den, examined by him and if found correct, he shall attach thereto 

his certificate to such effect. 

[R. S., pt. IV, chap. 3, tit. II, § 61, as amended by 
L. 1889, rearranged but not changed.] 

§ 157. General duties of kitchen keeper. — The kitchen keeper 
of each state prison shall keep an account of the articles received 
on his requisition from the store keeper, the quantity prepared as 



94 
food for the use of the prison and the articles sent to the hospital. 
He shall make a verified report at the end of each month to the 
warden of the amount of such goods received and consumed dur- 
ing the month, and the amount on hand at such time. 

[R. S., pt. IV, chap. 3, tit. II, § 62, as amended by 

L. 1889, chap. 382, without change.] 

ARTICLE VII. 
STATE PRISONS; FINANCES AND PROPERTY. 

Section 160. Warden, chief financial officer. 

161. Warden's books of accounts. 

162. Collection of debts. 

163. Payments by warden or other officer. 

164. Monthly estimates of expenses. 

165. Contracts for supplies. 

166. Vouchers. 

167. Weekly bank deposits; statement of warden. 

168. Monthly reports of warden to comptroller. 

169. Annual report of warden to the superintendent. 

170. Estimates of the value of prison property. 

171. Affidavits. 

172. When bond of warden may be prosecuted. 

173. Real property connected with the Sing Sing prison. 

174. Real property connected with the Clinton prison. 
TGeneral note. — There are no changes proposed in the present 

law, by this article, except in form and language. The refer- 
ences at the end of the sections show their derivations.] 

§ 160. Warden, chief financial officer. — The warden shall have 

control of the finances of theprison under his charge, subject to the 



95 
direction and supervision of the superintendent. He shall con- 
duct the fiscal transactions and dealings of such prison in his 

name as warden. 

[R. S., pt. IV, chap. 3, tit. II, § 51, first sentence. 

Such section is as follows: "All the fiscal transactions and 
dealings on account of each prison shall be conducted by and in 
the name of the agent and warden thereof, who shall have control 
over all matters of finance relating to such prison, subject to the 
direction and supervision of the superintendent of state 
prisons."] 

§ 161. Warden's books of accounts. — The warden of each prison 
shall cause his accounts and fiscal transactions to be entered 
in books, provided for that purpose. Such books shall con- 
tain a regular and correct account of all moneys re- 
ceived and paid out by him by virtue of his office, in- 
cluding all moneys taken or received from convicts, or as the 
proceeds of the sale of property taken from them, and the names 
of the persons to whom and purposes for which payments were 
made. Such books shall be open for examination by the superin- 
tendent or the comptroller or a person authorized by either of 

them. 

[R. S., pt. IV, chap. 3, tit. II, § U, as amended by 
L. 1889, chap. 382, without change.] 

§ 162. Collection of debts. — The warden of each state prison 
shall enforce the payment of all debts due to the prison under 
his charge. Subject to the approval of the superintendent of 
state prisons, he may accept such security from any debtor, on 
granting him time, as he may deem conducive to the best inter- 
ests of the state. He may, in his name of office, institute actions 
and proceedings in all matters relating to the prison, and may 



96 
recover all sums of money due to him, as such warden, or to any 
former warden of the prison, or to the people of the state on ac- 
count of such prison. In such an action or proceeding, the de- 
fendant shall not plead or give in evidence any offset or 
matter by way of recoupment or counter-claim, except for pay- 
ments made and not credited, nor recover any judgment in such 
action or proceeding against such warden, other than for costs 

and disbursements therein. 

[R, S., pt. IV, chap. 3, tit. II, § 51, as amended by L. 1889, chap. 
382, all except the first sentence, which is included in § 160 of the 
revision. The part of such § 51 from which this section of the 
revision is derived is as follows: 

" Such agent and warden shall be capable in law of suing in all 
courts and places, and in all matters concerning the prison, by 
his name of office, and by that name shall be authorized to sue 
for and recover all sums of money due from any person to any 
former agent, or agent and warden of the prison, or to the people 
of this state on account of such prison. But it shall not be lawful 
in any such suit or action for any defendant or defendants to 
plead or give in evidence any offset or matter by way of recoup- 
ment or counter-claim (except for payments made, and not 
credited to such defendant or defendants), or to recover any judg- 
ment against such agent and warden in such suit or action other 
than for the costs and disbursements therein. Each agent and 
warden shall enforce the payment of all debts due to the prison 
under his charge as soon and with as little delay as possible, but 
with the approbation of the superintendent of state prisons, and 
subject to such approbation he may accept any security from any 
debtor on granting him time, that he may deem conducive to the 
interests of the state." 

It will be noticed that the changes made are verbal.] 

§ 163. Payments by warden or other officer. — No warden or 
other officer of a state prison shall give a note, draft or other 
evidence of a debt in payment for any article purchased for such 
prison, except a check on the bank, designated by the comp- 



97 

troller for the deposit of the moneys of such prison, and such 
checks and drafts as are authorized by law. No such warden or 
other officer in his official capacity shall sign or endorse a negoti- 
able instrument for the purpose of having the same negotiated. 

[R. S., pt. IV, chap. 3, tit. II, § C3, as amended by 
L. 1889, chap. 382. 

The words " signed by him or them individually or in their offi- 
cial capacity " are omitted as unnecessary. The last senteuce 
of the proposed section is a substitute for the following clause: 
" Nor shall any such agent and warden, or any other officer, sign 
any paper as agent and warden for the purpose or with the intent 
of putting or having the same put in circulation for any purpose 
whatever."] 

§ 164. Monthly estimates of expenses. — The warden shall 
make and submit to the superintendent on the first day of each 
month, an estimate in minute detail, of the necessary expenses 
for the support and maintenance of the prison under his charge 
during such month. The superintendent may revise such esti- 
mate by reducing the amount thereof, and shall certify that he 
has carefully examined the same, and that the articles contained 
in such estimate, or in such estimate as so revised by him, are 
actually required for the use of the prison. The superintendent 
shall thereupon present such estimate and certificate to the comp- 
troller, who shall authorize the warden to make a draft for the 
sum thus certified, which shall be paid by the treasurer upon the 
warrant of the comptroller. The warden shall not make pur- 
chases on behalf of the state, not included in the estimate so cer- 
tified, except for industrial purposes. 

[R. S., pt. IV, chap. 3, tit. II, § 46, as amended by 
L. 1880, chap. 382, without change.] 



98 
§ 165. Contracts for supplies. — The warden shall supply pro- 
visions and other suitable articles for the maintenance of the 
prison, either by contract or by purchase, as directed by the 
superintendent. If the superintendent shall direct that such top- 
plies be obtained by contract, the warden shall cause notice to 
be published in a newspaper printed in the county in which such 
prison is situated and in such other newspapers and for such 
time as the superintendent shall direct, stating the particular 
supplies wanted, the manner in which they are to be delivered 
and the time during which proposals for furnishing the same will 
be received by such warden, subject to the approval of the super- 
intendent. Contracts shall be made by the warden with those 
persons whose proposals in pursuance of such action are most 
advantageous to the state, and who shall give satisfactory secur- 
ity, approved by the superintendent, for the performance of their 
contracts, unless the superintendent shall deem it expedient to 
decline all proposals and advertise anew. The articles of food 
and the quantities of each kind shall be prescribed by the super- 
intendent and inserted in the contract. All contracts made under 
this section shall be in writing and signed in triplicate by the 
parties. One of such triplicates shall be retained by the con- 
tractor, one shall be filed with the clerk of the prison and the 

other transmitted to the superintendent. 

[R. S., pt. IV, chap. 3. tit. II, § 52, as amended by L. 1889, chap. 
382, without change, except that by such section contracts are 
executed in duplicate. 

It is proposed that contracts be executed in triplicate, one to be 
retained by the contractor. J 



99 
§ 10t». Vouchers. — The warden shall take receipted bills for all 
goods purchased and services rendered for such prison, at the 
time of making payment therefor. The person to whom any such 
bill shall be paid shall make at the time of the payment an affida- 
vit to the effect that the articles and services specified in such bill 
were actually furnished or rendered, as charged; that neither the 
warden, nor any person for him, or in his behalf, had any pecuni- 
ary or other interest in such articles or services or in the profit! 
thereof; and to the best of his knowledge and belief no commis- 
sions, presents or profits, directly or indirectly, connected there- 
with, have been paid or promised to the warden or to any other 
person in behalf of or upon the request of the warden ; that such 
bill represents the correct amount due, that the articles included 
in such account were sold at fair cash market prices, and that he 
has actually received the full amount in cash from the warden. 

Such affidavit shall be annexed to each bill paid. 

[E, S., pt. IV, chap. 3, tit. II, § 53, as amended by 
L. 1889, chap. 382, without change.] 

§ 167. Weekly bank deposits; statement of warden. — The war- 
den shall deposit at least once in each week, to the credit of the 
treasurer of the state, in such banks as may be designated by the 
comptroller, all moneys received by him as such warden, except 
the proceeds of the labor of prisoners and of the sales of article! 
manufactured by them. He shall send a weekly statement to 
the comptroller and to the superintendent showing the amount 
so received and deposited, and when, from whom and for what 



100 
received, and the days on which such deposits were made. There 
shall be attached to such statement the certificate of the proper 
officer of the bank receiving such deposits, showing the dates 
and amounts of such deposits. The warden shall annex to such 
statement his affidavit that the sum so deposited is all the money 
received by him from all sources of prison income, except pro- 
ceeds of the labor of prisoners and of the above-mentioned sales, 
during the week and up to the time of the last deposit appearing 
in such statement. A bank in which such moneys are deposited 
shall, before receiving such moneys, file a bond with the comp- 
troller, approved by him, in such sum as he shall deem necessary. 

[R. iS., pt. IV, chap. 3. tit. II, § 45, as amended by 
L. 1889, chap. 382, without change.] 

§ 168. Monthly reports of warden to comptroller. — On the first 
day of each month the warden shall make and submit to the 
comptroller an itemized statement of the receipts and expendi- 
tures of the prison under his charge during the preceding month, 
with proper vouchers. The comptroller shall enter his dissent 
on any voucher objected to by him, and return it to the warden, 
who shall cause it to be immediately corrected and returned. 
Such statement shall be verified by the affidavit of the warden 
to the effect that he has deposited in the banks designated by 
law for that purpose, all the moneys received by him, belonging 
to the state during such month; that such statement is a true ab- 
stract of all the moneys received and paid out by him as such 
warden, during such month; that the articles therein specified 
as purchased, were purchased and received 'by him at such prison 



101 
a i fair cash market prices, and paid for in cash; that neither he 
nor any person in his behalf had any pecuniary or other interest 
in the articles purchased and that neither he nor any person in 
his behalf has received, directly or indirectly, any pecu- 
niary or other benefit therefrom in the way of com- 
missions, percentages, deductions or presents, or in any 
other manner whatever, nor any promise of future payments, 
presents or benefits. The affidavit of the clerk of the prison shall 
also be appended thereto, to the effect that the articles specified 
in such statement as purchased were received at the prison, and 
that they conformed in all respects to the invoice of the goods re- 
ceived and entered by him, both in quality and quantity. The 
monthly reports of the principal keeper and store keeper to the 

warden shall at the same time be transmitted to the comptroller. 

[R. S., pt. IV, chap. 3, tit. II, § 47, as amended by 
L. 1889, chap. 382. 

We have stated the contents of the affidavit to be attached to 
the warden's statement, rather than the form which it should 
assume. No change is thus made in the contents of the affidavit. 
The last sentence is a proposed re-enactment of a provision to a 
similar effect in §§ 60 and 61.] 

§ 169. Annual report of warden to the superintendent. — On or 
before the fifteenth day of November in each year, the warden shall 
render to the superintendent a full report for the year ending 
with the last day of the previous September, containing a state- 
ment of the moneys received and paid out by him on account of 
the prison under his charge, all changes made in the offices of 
such prison during the year, and an inventory of the goods, raw 



. 102 

material, and other property of the state on hand 1 on the last day 
of the previous September. Such report shall be verified by the 
warden and clerk of the prison to the effect that it is just, true 
and correct. The annual reports to the warden, of the clerk, phy- 
eician and chaplain of each prison, and such other matters as are 
required by the superintendent, shall also be then transmitted to 

the superintendent with the warden's report. 

j"R. S., pt. IV, chap. 3, tit. II, § 49, as amended by 
L. 1889, chap, 382, without change.] 

§ 170. Estimates of the value of prison property. — The super- 
intendent may, whenever he deems it advisable, and shall, at least 
once a year, appoint two or more competent persons to make an 
estimate of the value of gooids and other property of the state at 
each prison, of which' an inventory has been rendered to him by 
the warden thereof. On or before the first day of January of each 
year, he shall transmit such inventory and estimate to the comp- 
troller with such remarks in explanation thereof as he may deem 

necessary. 

[R. S., pt. IV, chap. 3, tit. II, § 50, as amended by 
L. 1889, chap. 382. 

No change in substance is intended. The section has been 
rewritten and modified in form. For comparison we insert the 
section revised, in full : 

" § 50. The superintendent of state prisons may, whenever he 
shall deem advisable, cause an estimate to be made of the value 
of the goods and other property of the state, for which an inven- 
tory has been rendered to him by the agent and warden of either 
of said prisons, which estimate shall be made under oath by two 
or more competent persons to be appointed for that purpose by 
the superintendent, which inventory and estimate shall be trans- 
mitted to the comptroller of the state on or before the first day 
of January in each year, with such observations and remarks 



103 

thereon as the superintendent may deem necessary to enable the 
comptroller to understand the same and to correct any errors 
that may be discovered therein."] 

§ 171. Affidavits. — The warden, clerk, assistant clerk and prin- 
cipal keeper may take affitfavite in all matters of accounts against 
the prison, and also in relation to fees of sheriffs in bringing con- 
victs thereto. 

[R. S., pt. IV, chap. 3, tit. II, § 65, as amended by 
L. 1889, chap. 382, without change.] 

§ 172. When bond of warden may be prosecuted. — If a warden 
willfully neglects or refuses to make or transmit a return, esti- 
mate, report or statement which he is required by law to make or 
transmit, the comptroller shall notify the superintendent of suck 
delinquency, who shall cauee the undertaking of the warden to be 
prosecuted for the recovery of any money in his hands belonging 

to the state. 

[R. S., pt. IV, chap. 3, tit. II, § 55, as amended by 
L. 1889, chap. 382. 

The present law provides : " If the agent and warden shall 
willfully neglect or refuse to make any weekly or monthly re- 
turn, estimate or statement, or to transmit any statement and 
certificate of such deposits to the comptroller," etc. We have 
modified the language of this sentence without any change in its 
meaning. 

We have omitted the sentence: " The agent and warden of a 
state prison shall be liable to indictment and punishment for any 
wilful neglect of duty, or for any malpractice in the discharge of 
the duties of his office." Section 154 of the Penal Code makes 
malfeasance in office a misdemeanor.] 

§ 173. Real property connected with the Sing Sing state prison. 
— The warden of Sing Sing prison shall continue to have charge 
of the farm and premises on which the same is situated and may 



I 104 

rent or otherwise use or improve the same to the best advantage 

of the state, but no lease shall be made for a longer term than 

three years. 

£R, S., pt. IV, chap. 3, tit. 2, § 68, as amended by 
L. 1889, chap. 382, without change.] 

§ 174. Eeal property connected with the Clinton prison. — All 
lands belonging to the state, or which may hereafter become the 
property thereof, situated within ten miles of Clinton prison 
shall be withdrawn from sale and shall be retained by the state 
for the use of such prison. 

The warden of Clinton prison is authorized to appropriate to 
the use thereof all waters upon the tract purchased for the estab- 
lishment of such prison, or upon the lands retained by the state 
for the use of such prison; and any person claiming damages in 
consequence of such appropriation, shall, within six months there- 
after make application to the county judge of the county of 
Clinton, who shall appoint three commissioners not interested in 
the lands through which the stream or streams of water so appro- 
priated may have previously run, who shall personally examine 
the lands of the applicant and make an estimate of the damages 
he has sustained by reason of such appropriation. Such estimate 
shall be in writing, subscribed and sworn to by such commission- 
ers and submitted to the county judge of such county who may 
make an order affirming such estimate or rejecting it and appoint- 
ing three other commissioners to make a new estimate of such 
damages. An appeal may be taken from such order within thirty 
days after the date thereof to the appellate division of the 



10.1 
supreme court, by the state or the person making such applica- 
tion, and the decision of such court shall be final. Such estimate 
and the order of affirmance shall be transmitted to the comp- 
troller, who shall thereupon draw his warrant upon the treasurer 
for the payment of the estimated damages out of the funds appro- 
priated for the maintenance of such prison. 

[R. S., pt. IV, chap. 3, tit. II, § 66, as amended by 

L. 18S9, chap. 382, and § 67, as amended by 

L. 1897, chap. 216. 
The only change made is in the procedure where it is desired to 
appropriate the use of waters for the prison.] 

ARTICLE VIII. 

STATE PRISONS. — SENTENCE, RECEPTION, TRANSPORTATION 
AND TRANSFER OP PRISONERS. 

Section 180. To what prisons convicts to be sentenced. 

181. Reception of convict whose death sentence is com- 

muted. 

182. Delivery of prisoner to prison. 

183. Transportation of prisoners. 

184. Liquors not to be sold or given to a prisoner being 

transported to a state prison. 

185. Compensation of sheriffs for transportation of 

prisoners. 

186. Compensation of sheriffs, how paid. 

187. Transfer of prisoners. 

188. Warden's daily report of prisoners received and dis- 

charged. 

[General note. — The laws included in this article are revised 
without change in substance, except the provisions relating to 



106 

giving liquor to prisoners being transported to a state prison, 
and that the warden's report to the superintendent of prisoners 
received and discharged, is to be made daily. This conforms 
with the present practice according to the rules and regulations 
of the superintendent.] 

§ 180. To what prisons convicts to be sentenced. — All male 

convicts sentenced to imprisonment in a state prison in the first 

and second judicial districts shall be sentenced to the Sing S'ng 

prison, in the third and fourth judicial districts, to the Clinton 

prison, and fifth, sixth, seventh and eighth judicial districts to 

the Auburn prison. All females sentenced to imprisonment in 

a state prison shall be sentenced to the prison for women at 

Auburn. 

[All except the last sentence is a proposed re-enactment of 
R, S., pt. IV, chap. 3, tit. II, § 69, as amended by L. 1889, chap. 382. 
The last sentence is now contained in L. 1893, chap. 306, § 9.] 

§ 181. Reception of prisoners whose death sentence is com 
muted. — The warden shall receive into the prison under his 
charge, on the order of the governor, any person convicted of a 
crime punishable by death, whose sentence is commuted to im- 
prisonment for life or a term of years in a state prison, and con- 
fine such prisoners for such time. 

[R, iS., pt. IV, chap. 3, tit. II, § 72, as amended by 
L. 1889, chap. 382, without change.] 

§ 182. Delivery of prisoner to prison. — When a prisoner is de- 
livered to the warden of a state. prison, in pursuance of a sen- 
tence, the officer delivering such prisoner shall present to such 



107 

warden the certified copy of the sentence received by him from 

the clerk of the court by which such prisoner was sentenced, and 

such warden shall give to such officer a certificate of the delivery 

of such prisoner. 

[R. S., pt. IV, chap. 3, tit. II, § 71, as amended by L. 1889, chap. 
382, without change; except that the words " and the fees of such 
officer for transporting such convict shall be paid by the treasurer 
upon the warrant of the comptroller " are included in § 186 of the 
revision.] 

§ 183. Transportation of prisoners. — A prisoner sentenced to 
imprisonment in a state prison shall be transported thereto by 
the sheriff or a deputy sheriff of the county wherein he was con- 
victed. All prisoners sentenced at the same term of a criminal 
court to the same state prison shall be transported at the same 

time, unless the court shall direct otherwise. 

[The last sentence is derived from L. 1847, chap. 497, § 5. The 
first sentence is new.] 

§ 184. Liquors not to be sold or given to a prisoner being trans- 
ported to a state prison. — A sheriff or deputy sheriff who still 
or gives, or allows any other person to sell or give distilled or 
rectified spirits, wine, fermented and malt liquors to a prisoner 
in his charge, while being transported to a state prison, or while 
such prisoner is in his charge drinks any such distilled or recti- 
fied spirits, wine, fermented and malt liquors is guilty of a mis- 
demeanor. 

[This section is new.] 

§ 185. Compensation of sheriffs for transportation of pris- 
oners. — There shall be paid to sheriffs of counties for transport- 



/ 108 

ing prisoners from county jails to state prisons mileage at the fol- 
lowing rates: For conveying one prisoner, fifteen cents for each 
mile actually traveled; for two prisoners, twenty-five cents for 
each such mile; for three prisoners, thirty cents for each such 
mile, and for four or more, eight cents each for each such mile. 

There shall also be paid for the maintenance of each prisoner 
while on the way to a state prison, the sum of one dollar per day. 
The amount paid for such maintenance shall not exceed the sum 

of one dollar for every thirty miles of travel. 

[L. 1877, chap. 128 (Gen. App. Bill), superseding 
L. 1849, chap. 123.] 

§ 186. Compensation of sheriffs; how paid. — On the delivery 
of such prisoners to the warden of a state prison, the sheriff or 
other person having charge of such prisoners, shall render to 
such warden an account of the number of miles traveled, the 
days spent in coming, and of the amount due therefor as pre- 
scribed by the preceding section. Such account shall be verified 
by the oath of such sheriff or other person to the effect that it it 
true and correct. There shall be attached to such account the 
certificate of the warden stating the number of prisoners de- 
livered and the distance from such prison to the place of convic- 
tion. The account so verified and certified shall be audited by 
the comptroller, and paid by the treasurer out of moneys in the 

state treasury, appropriated therefor. 

[This section is a proposed re-enactment of the parts of L. 1847, 
chap. 497, §§ 3, 4, and L. 1840, chap. 25, relating to the payment of 
compensation of sheriffs for transportation of prisoners to state 
prisons.] 



109 
§ 187. Transfer of prisoners. — Whenever a transfer of pris- 
oners from one state prison to another is ordered by the superin- 
tendent, the warden of the prison from which such transfer is to 
be made, shall cause the prisoners to be sufficiently chained in 
pairs so far as practicable, and to be transported to the prison to 
which they are so ordered to be transferred, and to be delivered 
together with the certified copies of their sentences to the war- 
den of such prison, who shall receive and keep them according to 
their sentences, as if originally sentenced thereto. The person! 
employed to transport such prisoners shall prohibit all inter- 
course between them, and may inflict any reasonable and neces- 
sary punishment upon such prisoners, for disobedience or mis- 
conduct. The necessary expenses of such transfer shall be 
deemed a part of the incidental expenses of the prison from which 
such prisoners are transferred. The necessary expenses of the 
transfer of any prisoner from a state prison to the Dannemora 
hospital for insane convicts, to the Matteawan state hospital for 
insane criminals, or to any other penal institution shall be a 
part of the incidental expenses of the prison from which the 

transfer is made. 

["R, S., pt. IV, chap. 3, tit. II, § 73, as amended by L. 1889, chap. 
382, without change, except as to the provision for the transfer 
of a prisoner to the Dannemora hospital for insane convicts, now 
nearly ready for occupancy.] 

§ 188. Warden's daily report of prisoners received and dis- 
charged.— The warden shall report daily to the superintendent 
the names of all prisoners received in or discharged from the 



110 
prison under his charge on that day, with such information rela- 
tive to such prisoners as the superintendent may direct. 

[By R. S., pt. IV, chap. 3, tit. II, § 48, as amended by 
L. 1889, chap. 382, 
the warden's report of prisoners received and discharged was 
required to be made monthly. Under the rules and regulations 
of the superintendent now in force, such report is made daily. 
It seems unnecessary that the same report should be made 
monthly.] 

ARTICLE IX. 

STATE PRISONS.— SPECIAL PROVISIONS RELATIVE TO CABS 
AND TREATMENT OF PRISONERS. 

Section 200. Cells, food and clothing. 

201. Instruction of prisoners. 

202. Removal of prisoners in case of pestilence. 

203. Removal of prisoners in case of fire. 

204. Duty of warden as to prisoner believed to be insane. 

205. When inquest to be held upon the body of deceased 

prisoners. 

206. Escapes. 

207. Money and property of prisoners. 

208. Money and clothing to be furnished to discharged 

prisoners. 

[General note. — This article is a proposed re-enactment of the 
present statutes relating to the subjects included therein, with- 
out change, except in form and language.] 

§ 200. Cells, food and clothing. — The prisoners in each state 
prison shall be kept in separate cells when not employed else- 
where, if there be a sufficient number of cells therein. Their 
clothing and bedding shall be of coarse material, manufactured 



Ill 

as far as practicable in the prison. The prisoners shall be sup- 
plied with a sufficient quantity of plain and wholesome food. 

[R. S., pt. TV, cliap. 3, tit. II, §§ 85, 86, as amended by 
L. 1889, chap. 382. 

We have omitted the words "unless such prisoner be then 
released on parole " as found in £ 85. The last sentence of § 86 
provides that " the prisoners shall be supplied with a sufficient 
quality of inferior but wholesome food;" we have substituted the 
word " plain " for " inferior."] 

§ 201. Instruction of prisoners. — The prisoners in each state 
prison shall be instructed in trades and other industries and in 
the useful branches of an English education. The warden of 
such prison shall appoint as keepers a sufficient number of per- 
sons qualified to give such instruction. Instruction in the useful 
branches of an English education shall be given to such prisoners, 
under the supervision of the warden or chaplain for not less than 
an average of an hour and a half each day, Sunday excepted, be- 
tween the hours of six and nine in the evening. 

[R. S., pt. IV, chap. 3, tit. II, § 84, as amended by 
L. 1889, chap. 382. 

We have here inserted the whole of such § 84 : 

" § 84. It shall be the duty of the agent and warden of each of 
such prisons, so far as practicable and necessary, to appoint as 
keepers of such prison, persons qualified to instruct the prisoners 
in the trades and manufactures prosecuted in such prison or in 
other industrial occupations. Instruction shall also be given in 
the useful branches of an English education to such prisoners as 
in the judgment of the agent and warden or chaplain may require 
the same and be benefited thereby. The time devoted to such 
instruction shall not be less than an average of one hour and a 
half daily, Sunday excepted, between the hours of six and nine 
in the evening, in such room or rooms as may be provided for 
that purpose.] 

§ 202, Removal of prisoners in case of pestilence. — If a pestilence 

or contagious disease breaks out among the prisoners in a state 



112 
prison, or in the vicinitj thereof, the superintendent may cause 
any or all of the prisoners confined therein to be removed to some 
suitable place of security, where such of them as are sick shall 
receive medical care and attendance; such prisoners shall be re- 
turned as soon as may be to the prison from which they were 

taken. 

[R. iS., pt. IV, chap. 3. tit. II, § 92, as amended by 
L. 1889, chap. 382, without change.] 

§ 203. Removal of prisoners in case of fire. — If a state prison, or 
a building contiguous thereto is on fire, and the warden appre- 
hends that the prisoners may escape or be injured or endangered 
by such fire, he may remove such prisoners to some safe and con- 
venient place, and there confine them until the necessity of such 

removal has ceased. 

[R. S., pt. IV, chap. 3, tit. II, § 93, as amended by 
L. 1889, chap. 382, without change.] 

§ 204. Duty of warden as to prisoner believed to be insane. — If 

a warden believes that a prisoner in his prison was insane at the 

time he committed the offense for which he was sentenced, such 

warden may communicate in writing to the governor the facti 

upon which he bases his belief, and refer the governor to all sourcei 

of information with which he may be acquainted in relation to the 

insanity of such prisoner. 

[R. S., pt. IV, chap. 3, tit. II, § 90, as amended by 
L. 1889, chap. 382, without change.] 

§ 205. When inquest to be held upon the body of deceased pris- 
oner. — if the superintendent, a warden, physician or chaplain be- 
lieves that a prisoner has died in a prison from any other cause 



113 

than ordinary sickness, they or either of them shall call upon a cos 
oner having jurisdiction, to hold an inquest upon the body of such 

deceased prisoner. 

£R. S., pt. IV, chap. 3, tit. II, § 91, as amended by 
L. 1889, chap. 382, without change.] 

§ 206. Escapes. — If a prisoner escapes from a state prison, the 
warden thereof shall take all proper measures for his recapture 
and may offer a reward, not exceeding fifty dollars, for the appre- 
hension and delivery of such escaped prisoner. Such reward maj 
be increased with the consent of the superintendent, to a sum not 
exceeding two hundred and fifty dollars for each prisoner. The 
warden of a state prison may pay a reward not exceeding fifty do!* 
lars for the apprehension and delivery of an escaped prisoner, 
whether such reward shall have been previously offered or not. 
Any prison officer may arrest an escaped prisoner anywhere in 
the state, with or without a warrant. 

iAII suitable rewards and other necessary expenses incurred is 
recapturing an escaped prisoner shall be paid by the warden out 

of the funds of the prison. 

£R. S., pt. IV, chap. 3, tit. 2, § 89, in part, as amended by 

L. 1889, chap. 382, without change. 
The next to last sentence is new.] 

§ 207. Money and property of prisoners. — The warden shall 

take charge of the money and other property brought to a prison 

by a prisoner, turn over the same to the clerk, and cause an entrj 

to be made of the receipt thereof in the books of the prison. Such 

money and property shall be returned to the prisoner, upon hit 



114 

discharge or shall be paid or delivered upon demand to anj 

person legally entitled thereto. Interest at the annual rate of four 

per centum shall be paid upon the amount deposited by or for the 

benefit of each prisoner from the time of making such deposit until 

such payment. Vouchers shall be taken for all payments made ai 

prescribed in this section. 

[R. S., pt. IV, chap. 3, tit. II, § 54, first sentence, as amended by 
L. 1889, chap. 382, without change.] 

§ 208. Money and clothing to be furnished to discharged prison- 
ers. — The warden shall furnish to each prisoner discharged from 
a prison by pardon or otherwise, or released therefrom on parole, 
necessary clothing, not exceeding twelve dollars in value, if dit- 
pharged or released between the first day of April anld the first 
day of November, and not exceeding eighteen dollar* in value, in- 
cluding an overcoat, if at any other time, and ten dollars in money 
and a railroad ticket or tickets for his transportation from euch 
place to the place of his conviction, or to such other place as such 
prisoner may designate at no greater distance than inch place of 

•onvictiom. 

£R. S., pt. IV, chap. 3, tit. II, § 54, last sentence, as amended by 
L. 1889, chap. 382, without change.] 

ARTICLE X. 

BTATE PRISONS; BOARD OF PAROLE; PAROLE 07 PRISONERS. 

Section 220. Application of article. 

221. Board of parole; meetings. 

222. Rules and regulations respecting the release or 

prisoners on parole. 



115 
Section 223. Record of prisoners under indeterminate sentences* 

224. Granting of paroles. 

225. Information from judges and district attorneys. 

226. Conditions of parole. 

227. Retaking of paroled prisoners. 
22S. Fees and expenses. 

229. Absolute discharge of paroled prisoner. 

230. Articles and rules and regulations to be printed and 

distributed. 
[General note. — This article is a proposed re-enactment of 
|§ 75-82 of R. S., pt. IV, ch. 3, tit. II, as amended by L. 1889, ch. 
382. The board of parole of each prison is at present composed of 
the superintendent of state prisons, and the warden, principal 
keeper, physician and chaplain of each prison. It is proposed 
to eliminate the principal keeper and physician and substitute as 
members of each board, the president of the state commission of 
prisons and a member thereof, designated by it. By this change 
in the membership of each board, it is suggested that the preju- 
dices or favoritism of prison officials will not influence the grant- 
ing of paroles to so great an extent as is possible under the 
present law, and thus an objectionable feature of the existing 
system would be removed.] 

§ 220. Application of article. — The provisions of this article 
are applicable to all prisoners confined in state prisons under an 
indeterminate sentence imposed as provided by law, and who shall 
have been confined therein for at least one year, and to all pris- 
oners who have been transferred to such prisons from a state re- 
formatory and who were sentenced to such reformatory for an 

indeterminate term. 
[This section is new.] 



116 

§ 221. Board of parole; meetings.— There shall be a board of 
parole for each state prison, consisting of the superintendent, 
the president of the state commission of prisons, or a commis- 
sioner appointed by him, to act temporarily in his place, one 
other commissioner designated by the commission, and the 
warden, and chaplain of such prison. The superintendent shall 
be the president of each board and the clerk of each prison shall 
be the clerk thereof. 

The board of parole of each prison shall meet thereat upon the 
call of the superintendent, but after the first day of January, 
nineteen hundred and one, they shall so meet at least once in four 

months. 

[R. S., pt. IV, chap. 3, tit. II, § 75, and first sentence of § 76, 
as amended by L. 1889, chap. 382. 

The present board consists of the superintendent, the agent 
and warden, the chaplain, the physician and principal keeper. 
See " general note " at beginning of article. 

The last sentence is derived from the first sentence of § 76 of 
the present law, which provides that, " The board of commission- 
ers of paroled prisoners for each of said prisons, shall meet at 
such prison, from time to time, as they shall deem necessary, or 
as they may be called to meet by the superintendent of state 
prisons."] 

§ 222. Rules and regulations respecting the release of prisoners 

on parole. — The several boards of parole shall meet in the 

month of October, eighteen hundred and ninety-nine, upon the 

call of the superintendent, at his office in the city of Albany, and 

formulate and adopt uniform rules and regulations applicable 

to each state prison, not inconsistent with law, prescribing the 

conditions under which a prisoner may be pairoled, the condi* 



117 

tions under which he will be allowed to retain his liberty on 
parole, or be granted an absolute discharge, and regulating such 
other matters as may be necessary to a proper and uniform ad- 
ministration of the parole system. Such boards shall so meet in 
the month of January nineteen hundred and one, and annually 
thereafter in such month, for the purpose of revising and modi- 
fying such rules and regulations, if necessary, and for consulta- 
tion on all matters relating to the parole system. The superin- 
tendent shall preside at all such meetings. 
[This section is new.] 

§ 223. Record of prisoners under indeterminate sentences. — 
The superintendent shall cause to be kept at each state prison, a 
full and accurate record of each prisoner confined therein upon 
an indeterminate sentence, containing a biographical sketch indi- 
cating the causes of the criminal character or conduct of the 
prisoner, and also a record of the demeanor, education and labor 
of the prisoner while confined in such prison. Whenever such 
prisoner is transferred to another prison, a copy of such record 
or an abstract of the substance thereof, with a certified copy of 
the sentence of such prisoner, shall be transmitted to the prison 

to which he is transferred. 

[R. S., pt. IV, chap. 3, tit. II, § 77, as amended by 
L. 1889, chap. 382, without change.] 

§ 224. Granting of paroles. — At each meeting of the board of 
parole a list of all the prisoners who have been imprisoned for at 
least one year and whose minimum term of imprisonment has 



118 
expired, shall be furnished to such board by the clerk thereof, 
and the record of such prisoners kept by such clerk shall be pro* 
duced to such board and examined by them. Such board shall 
make all necessary inquiry in respect to all such prisoners, and 
such of them as appear from their previous history, the nature of 
their crime and their conduct in prison, to be entitled to parole 
shall be called before such board for personal examination. If 
upon such inquiry and examination it shall satisfactorily appear 
to the board that a prisoner will probably lead an orderly and 

law-abiding life, if set at liberty, he shall be granted a parole. 

[This procedure is not contained in the present law. We here 
insert the sections of the present law (R. S., pt. IV, chap. 3, tit. II, 
as amended by L. 1889, chap. 382), which provide a mode of action 
by the board in case of releases: 

" § 76. * * * At each meeting of said board held at such 
prison, every prisoner confined in said prison upon an indetermin- 
ate sentence, whose minimum term of sentence has expired, shall 
be given an opportunity to appear before such board and apply 
for his release upon parole, or for an absolute discharge as here- 
inafter provided, and said board is hereby prohibited from enter- 
taining any other form of application or petition for the release 
upon parole or absolute discharge of any prisoner. 

" § 78. It it shall appear to said board of commissioners of 
paroled prisoners, upon an application by a convict for release on 
parole as hereinbefore provided that there is reasonable probabil- 
ity that such applicant will live and remain at liberty without 
violating the law, then said board of commissioners may author- 
ize the release of such applicant upon parole, and such applicant 
shall thereupon be allowed to go upon parole outside said prison 
walls and enclosure upon such terms and conditions as said board 
shall prescribe, but to remain, while so on parole, in the legal cus- 
tody and under the control of the agent and warden of the state 
prison from which he is so paroled, until the expiration of the 
maximum term specified in his sentence as hereinbefore provided, 
or until his absolute discharge as hereinafter provided."] 



119 
§ 225. Information from judges and district attorneys. — Upon 
application being made by the superintendent, the presiding 
judge of the court before whom the conviction of the prisoner 
whose minimum term has expired was had and the district at- 
torney by whom the criminal action was prosecuted, or th<* dis- 
trict attorney of the county where the conviction was had, hold- 
ing office at the time of such application, shall supply the board 
without delay with a statement of the facts proved on the trial 
of such prisoner, or if a trial was not had, the facts appearing 
before the grand jury which found the indictment, and of all 
other facts having reference to the propriety of granting or 
refusing a parole or absolute discharge as provided in thii 

article. 

[This section is new as applied to granting paroles by boards 
of parole. By section 695 of the Code of Criminal Procedure, the 
governor may require similar information in regard to prisoners 
making application for a pardon, commutation or reprieve.] 

§ 226. Conditions of parole. — A prisoner on parole may be 
allowed to go outside of the prison walls and enclosure upon 
such terms and conditions as shall be prescribed by the rules and 
regulations made as provided in this article. Each paroled 
prisoner shall remain while on parole in the legal custody and 
under the control of the warden of the prison, until the expira- 
tion of the maximum term specified in his sentence, or until nil 

absolute discharge as provided by law. 

[R. S., pt. IV, chap. 3, tit. II, § 78, as amended by L. 1889, chap. 
382, provides that when a prisoner is released on parole he " shall 
thereupon be allowed to go upon parole outside said prison walls 



120 

and enclosure upon such terms and conditions as said board shall 
prescribe." 

The last sentence of the proposed section is new.] 

§ 227. Retaking of paroled prisoners. — If the warden of the 
prison from which a prisoner was paroled, has reasonable cause 
to believe that such prisoner has violated the conditions of his 
parole, he may issue his warrant for the retaking of such pris- 
oner, at any time prior to the expiration of the maximum period 
of his sentence, which time shall be specified in the warrant. The 
board of parole or the superintendent may for a like cause, direct 
the warden of such prison to issue his warrant for the retaking 
of any such prisoner, and thereupon the warden shall issue such 
warrant. 

Such warrant shall be issued to an officer of such prison or 
any peace officer, who shall execute the same by taking such 
prisoner into custody, within the time specified in such warrant. 
The officers shall forthwith take such prisoner before the county 
judge of the county, or a justice of the supreme court in the judi- 
cial district in which he is retaken, and such judge or justice upon 
satisfactory proof that such prisoner has violated his parole 
shall, by order, direct the return of such prisoner to the state 
prison from which he was paroled, and thereupon such officer 
shall return such prisoner to such prison, and he shall be con- 
"fined therein until the expiration of the maximum termi of his 
sentence, unless sooner released or paroled or absolutely dis- 
charged by such board. 

JR. S v pt. IV, chap. 3, tit. II, §§ 79, 80, 81, as amended by 
L. 1889, chap. 382. 



121 

The present system of retaking is modified. By the present 
law the warrant for retaking a prisoner may be issued by any 
member of the board of parole. 

The prisoner is then given an opportunity to appear before the 
board, and if he is found delinquent he is to be confined in the 
prison for a period equal to the " unexpired maximum term of 
sentence of such prisoner at the time such delinquency is de- 
clared, unless sooner released on parole or absolutely discharged 
by the board of commissioners of paroled prisoners." 

The procedure before the judge or justice provided by the pro- 
posed section conforms to the procedure provided in case of 
prisoners released on parole from a reformatory.] 

§ 228. Fees and expenses. — A prison officer shall be paid his 

necessary traveling expenses in executing such warrant. A 

peace officer shall be allowed the same fees for excuting such 

warrant as for executing a warrant of arrest at the place where 

such prisoner was retaken and if he transports the prisoner to 

the prison, he shall be allowed the same fees as are allowed by 

this chapter for transporting a convict from such place to the 

prison. Such expenses and fees shall be paid by the warden out 

of the moneys standing to the credit of the prisoner, if sufficient 

therefor, if not, the remainder shall be paid out of the funds of 

the prison. 

[R. S., pt. IV, chap. 3, tit. II, § 80 (last two sentences), 
as amended by L. 1889, chap. 382, without change.] 

§ 229. Absolute discharge of paroled prisoner. — If it shall ap- 
pear to such board that a paroled prisoner will probably live and 
remain at liberty without violating the law, and that his ab- 
solute discharge from imprisonment is not incompatible with the 
welfare of society, such board may issue to such prisoner an 
absolute discharge from imprisonment. Nothing contained in 



122 
this article shall be construed to impair the power of the gover- 
nor of the state to grant a pardon or commutation in any case. 

[R. B., pt. IV, chap. 3, tit. II, §§ 82, 83, as amended by 
L. 1889, chap. 382, without change in substance.] 

§ 230. Article and rules and regulations to be printed and dis- 
tributed. — This article and the rules and regulations adopted by 
the board of parole, as provided herein, shall be printed and dis- 
tributed to the officers and employes of each state prison and the 

prisoners confined therein under an indeterminate sentence. 
[This section is new.] 

ARTICLE XL 

STATE PRISONS; PRISONERS UNDER SENTENCE OP DEATH J 
EXECUTION OF SENTENCE. 

Section 240. Reception of prisoners under sentence of death. 

241. Prisoners under death sentence to be returned to 

county jail when new trial is granted. 

242. Death sentence, where and how executed. 

243. Apparatus for executions. 

244. Time of execution. 

245. Who may be present at an execution. 

246. Disposition of body of convict. 

247. Warden's certificate after execution. 

248. Disability of warden to execute death sentence. 

249. Violation of article, a misdemeanor. 

[General note. — Sections 505-509 of the code of criminal pro* 
cedure relate to the execution of a death sentence by the warden 
of a state prison, and his powers and duties relating thereto. We 
have deemed it advisable to include in this article all the law 
relating to prisoners under death sentence and the execution 



123 

of such sentence, and have therefore transferred such sections 
from the code of criminal procedure to the proposed law, without 
changing the substance thereof.] 

§ 240. Reception of prisoners under sentence of death. — A pris- 
oner under death sentence shall be delivered to the warden of the 
state prison designated by this chapter for the confinement of 
prisoners convicted of felonies in the judicial district in which 
the death sentence was imposed. The warden shall receive such 
prisoner and keep him in solitary confinement, until the infliction 
of the punishment of death upon him, as directed in the death 
warrant, unless he is lawfully discharged from such confinement, 
No person shall be allowed access to such prisoner without an 
order of the court, except his counsel, physician, a priest or min- 
ister of religion, if he shall desire one, the members of his family, 

and the officers of the prison. 

[Code Crim. Pro., § 491, last two sentences, without change. 
The remainder of this section of the code relates to practice and 
is not re-enacted. It is not proposed that such section should be 
repealed.] 

§ 241. Prisoners under death sentence to be returned to county 
jail when new trial is granted. — If a prisoner confined in a state 
prison under a sentence of death is granted a new trial, he shall 
be removed to the county jail of the county where he was con- 
victed, by the sheriff of such county. 

If such sheriff does not so remove him within ten days after 
■uch new trial is granted, the warden of such prison may cause 
him to be returned to such jail, and the expense of his removal 



124 
shall be a charge upon such county and shall be paid in th« 

same manner as other county charges. 

[This section is new. It is obvious that a prisoner confined 
in a state prison awaiting the punishment of death, who is granted 
a new trial, should not be treated as a convicted criminal, and 
that the cost of his support and maintenance should be a charge 
upon that county in the same manner as a person awaiting trial 
for a capital offense. He should, therefore, be removed to the 
county where his new trial is to be had, without delay.] 

§ 242. Where and how executed. — The punishment of death 
must be inflicted within the walls of the state prison designated 
in the warrant, or within the yard or enclosure adjoining thereto. 
Such punishment must be inflicted by causing to pass through 
the body of the convict a current of electricity of sufficient in- 
tensity to cause death, and the application of such current must 

be continued until such convict is dead. 

[Code Crini. Pro., §§ 505, 506, without change.] 

§ 243. Apparatus for executions. — The superintendent may 

cause electrical apparatus suitable and sufficient for the infliction 

of the punishment prescribed by this article, together with the 

machinery and appliances necessary therefor to be erected and 

kept in repair in each of the state prisons. 
[L. 1889, chap. 36, § 1, without change.] 

§ 244. Time of execution. — The sentence of death shall be 

executed by the warden of the state prison to whom the warrant 

is executed at the time fixed by him within the week specified 

in such warrant. No previous announcement of the day or hour 

of the execution shall be made, except to the persons who shall 



125 

be invited or permitted to be present at such execution as pro- 
vided in this article. 

[Code Crim. Pro., § 504, last sentence, without change. J 

§ 245. Who may be present at an execution. — The warden shall 
be present at the execution of a death sentence. He shall invite 
the presence thereat of a justice of the supreme court, the district 
attorney and sheriff of the county where the person to be exe- 
cuted was convicted, two physicians and twelve reputable citi- 
zens of full age to be selected by such warden. At least three 
days previous notice shall be given to such persons of the time of 
the execution. Such warden shall permit, at the request of the 
convict, not more than two ministers, priests or clergymen of 
any religious denomination to be present at the execution. 

He shall also appoint, in addition to the persons above desig- 
nated, seven assistants or deputy sheriffs who shall attend the 
execution. He shall permit no other persons to be present at 

such execution. 

[Code Crim. Pro., § 507 (first three sentences), without change.] 

§ 246. Disposition of body of convict. — Immediately after the 
execution, a post mortem examination of the body of the convict 
may be made by the physicians present at the execution. They 
shall make a written statement of the nature of any examination 
made, and present the same to the warden. After the execution 
and after the post mortem examination, if one be made, the body 
shall be placed at the disposal of the relatives of the deceased 
convict, if they so desire. If the body is not claimed by such rela- 



126 
tives, it shall be interred in the graveyard or cemetery attached 
to the prison, with a sufficient quantity of quicklime to consume 
such body without delay. Religious or other services may be 
held over such body within the walls of the prison where the 
execution took place, but only in the presence of the prison offi- 
cers, the person conducting the services and the immediate family 

and relatives of the deceased convict. 

[Code Crim. Pro., § 507, in part, 
without change, except that it is proposed that the post-mortem 
examination be made permissive. There is no longer reason for 
requiring absolutely a post-mortem examination in every case. 
It was originally required to ascertain the effect of an electrical 
execution upon the body of an executed convict.] 

§ 247. Warden's certificate after execution. — The warden at- 
tending the execution must execute a certificate stating the time 
and place of such execution and that the convict was then and 

there executed in conformity with the sentence of the court and 
the provisions of this article and the code of criminal procedure. 
Such certificate shall be signed by all the persons present and 
witnessing the execution. There shall be attached to such cer- 
tificate the physician's statement of the post-mortem examina- 
tion. Such certificate and statement shall be filed, within ten 
days after the execution, in the office of the clerk of the county 

in which the conviction was had. 

[Code Crim. Pro., § 508, without change.] 

§ 248. Disability of warden to execute death sentence. — If the 
warden to whom a death warrant is directed is unable by reason 
of illness or other sufficient cause, to execute a sentence of death, 



127 

the principal keeper or other officer of the same prison desig- 
ated by the warden or the superintendent of state prisons, shall 
execute such sentence, and perform all the other duties imposed 

by this article upon such warden. 

[Code Criru. Pro., § 509, without change.] 

J 249. Violation of article a misdemeanor. — Any person who 
shall violate or omit to comply with the provisions of this article 

is guilty of a misdemeanor. 

[See last sentence of § 507 of the code of criminal procedure.] 

ARTICLE XII. 
STATE PRISON FOB WOMEN. 

Section 250. State prison for women a department of Auburn 
state prison. 

251. Officers and employes. 

252. Salaries. 

253. Matron and assistant matrons. 

254. Storekeeper; compensation and undertaking. 

255. Clerk and chaplain; duties of woman physician. 

256. Sentence of women convicts ; transportation. 

257. Children of women convicts. 

[General note. — This article is a proposed re-enactment of L. 
1893, chap. 306, providing for the establishment and maintenance 
of the state prison for women.] 

§ 250. State prison for women a department of Auburn state 
prison. — For the purposes of government and management, other 
than as provided in this article, the state prison for women at 
Auburn shall be deemed a department of Auburn prison. The 



128 

accounts, records and reports of such prison shall be kept separate* 
and distinct from those of Auburn prison. 

The warden of Auburn prison under the direction of the super- 
intendent shall have the same management and control of such 
prison as is conferred upon him by law over the Auburn 
prison and the prisoners confined therein. The provisions of the 
preceding articles applicable to state prisons are to be applied 
to the state prison for women, except as they are inconsistent 

with the provisions of this article. 

[The first and second sentences of the proposed section are 
derived from L. 1893, chap. 306, §§ 12, 13, without change. 

The next to the last sentence is a proposed re-enactment of § 2 
of such act, without change. 

The last sentence is new.] 

§ 251. Officers and employes. — The superintendent shall appoint 
a matron of such prison and he may remove her from office when- 
ever, in his judgment, the public interests so require. He shall 
appoint and may remove a woman physician for such prison. He 
shall determine the number of assistant matrons, not exceeding 
one for each fourteen prisoners, and the number of guards, not 
exceeding four, sufficient for the safe-keeping and improvement 
of prisoners and the maintenance of discipline. The warden of 
Auburn prison shall appoint and may at pleasure remove, with 
the approval of the superintendent, such assistant matrons and 

guards. 

i[L. 1893, chap. 306, § 3. The provision for the appointment of 
a woman physician is new. 

The present law provides that the superintendent " shall desig- 
nate such number of assistant matrons, not exceeding one for 
each twenty prisoners, and such number of guards not exceeding 
four, as he shall deem necessary for the safe-keeping and im- 



129 

provement of the prisoners and the maintenance of discipline. 
Such assistant matrons and guards shall be appointed by the 
agent and warden of the Auburn prison, with the approval of the 
superintendent of state prisons. The agent and warden shall 
also have power to remove the assistant matrons, guards and 
other employes so appointed by him."] 

§ 252. Salaries. — The annual salaries of such officers shall be 
fixed by the superintendent, and shall not exceed the following 
sums: 

The matron, twelve hundred dollars; the woman physician, six 
hundred dollars; the assistant matrons, three hundred dollars; 
and the guards, six hundred dollars. Such salaries shall be paid 
monthly. Such officers shall not receive any compensation for 

their services in addition to such salaries. 

[The salaries of the officers specified in the above section are 
fixed by L. 1893, chap. 306, §§ 4, 6. No change is made in these 
salaries. The provision relating to the woman physician is new.J 

§ 253. Matron and assistant matrons. — The matron shall reside 
in the house connected with the prison, which shall be provided 
with proper furniture, fuel and lights, and she shall be allowed 
rations for herself from the prison stores. Each assistant matron 
shall board and lodge in the prison and without charge. 

The matron shall, subject to the supervision of the warden of 
Auburn prison, be charged with the control and discipline of the 
inmates of the prison and direct the assistant matrons in the 

performance of their duties. 

[The first sentence of this section is derived from L. 1893, chap. 
306, § 5, without change. 

The second sentence is now contained in the first sentence of 
§ 6 of such act, and is not changed. 

The last sentence is new.] 



130 

§ 254. Storekeeper; compensation and undertaking. — The store- 
keeper of Auburn prison shall be the storekeeper of the state 
prison for women and shall perform the same duties in respect 
thereto as he is required to perform in respect to the Auburn 
prison. He shall receive such additional compensation therefor 
as the superintendent shall prescribe, not exceeding the annual 
sum of five hundred dollars. In addition to the bond required as 
storekeeper of such Auburn prison he shall execute and file with 
the state comptroller a bond to the people of the state in the sum 
of twenty-five hundred dollars, conditioned for the faithful per- 
formance of his duties as storekeeper for the state prison for 
women, with sufficient sureties to be approved by the superinten- 
dent. 

[L. 1893, chap. 306, §§ 4, 6 and 8. 

Under the present law a separate officer may be appointed by 
the warden as storekeeper with a salary of not exceeding one 
thousand dollars. Under such law the warden has designated the 
storekeeper of Auburn prison to act as storekeeper of the state 
prison for women at an additional salary. The change made by. 
the proposed section conforms with the present practice.] 

§ 255. Clerk and chaplain; duties of woman physician. — The 
clerk and chaplain of Auburn prison shall be respectively the 
clerk and chaplain of such prison for women and shall perform 
the duties appertaining to such offices at such prison. The clerk 
shall receive as compensation an amount to be fixed by the comp- 
troller, not exceeding the sum of five hundred dollars. The 
woman physician shall perform the same duties as to such prison 



131 

as a physician of a state prison is required to perform in relation 

thereto. 

[Under the present law, L. 1893, chap. 306, § 7, the physician 
and chaplain, respectively, of Auburn prison are physician and 
chaplain of the prison for women. 

We have provided that a woman physician be appointed as 
physician of such prison. 

The reference to the duties of the clerk of Auburn prison and 
provision fixing his compensation are not contained in the present 
law.] 

§ 256. Sentence of women convicts; transportation. — A woman 

of over sixteen years of age, convicted of felony in any court of 
this state, and sentenced to imprisonment, shall be sentenced to 
imprisonment in the state prison for women. The clerk of the 
court imposing such sentence shall immediately notify the war- 
den of Auburn prison thereof, and such warden shall cause such 
convict to be transported to' such prison for women, in the com- 
pany of at least one other woman; the expenses of such trans- 
portation shall be paid from the prison funds in the same manner 

as other expenses of prison maintenance. 
[L. 1893, chap. 306, § 9, without change.] 

§ 257. Children of women convicts. — If a woman sentenced to 

«uch prison, at the time of her incarceration under such sentence, 

Is the mother of a nursing child in her care, under one year of age, 

such child' may accompany its mother and remain in prison until 

such time as, in the opinion of the physician, such child can be 

properly removed therefrom and suitably provided for elsewhere. 

Such child may be committed to the care and custody of some 

relative or proper person willing to assume such care. If not so 

committed the warden may cause such child to be removed there- 



132 

from and placed) in an asylum for children in this state. If the 
mother of the child had a settlement within the state at the time 
of her conviction, the cost of the support of such child in such 
asylum shall be a charge upon the county wherein she had such 
settlement; if such mother had no such settlement the support of 
•uch child shall be a charge upon the state in the same manner as 
a state poor child, committed to an asylum as provided in the poor 
law. If a child is born to such woman while in prison, such 
child may remain therein until removed as above provided. 

If a woman when sentenced is the mother of and has under 
her exclusive care a child or children more than one year of age, 
who otherwise might be left without proper card and guardianship, 
the court sentencing such woman shall cause such child or children 
to be committed to an asylum provided by law for the reception 
and maintenance of destitute children, or to the care and custody 
of some relative or proper person willing to assume the care of 

such child or children. 

[The first and last sentence of this section are a proposed 
re-enactment of L. 1893, chap. 306, § 11. 
The remainder of the section is new.] 

AETICLE XIII. 

DANNEMOKA HOSPITAL FOR INSANE CONVICTS. 

Section 260. Establishment and purposes of the Dannemora 
hospital. 

261. Medical superintendent. 

262. Medical superintendent as treasurer of the hospital. 

263. Salaries of resident officers. 



133 

Section 264. Powers and duties of medical superintendent and 
assistants. 

265. Monthly estimates. 

266. Power of removal. 

267. Transfer of insane convicts from Matteawan State 

hospital to the Dannemora hospital. 

268. Transfer of prisoners in state prisons, reformatories 

and penitentiaries to Dannemora hospital. 

269. Retention of insane convicts after expiration of their 

terms. 

270. Discharge of insane convicts after expiration of 

terms. 

271. Convicts on recovery, to be transferred to prison. 

272. Certificate of conviction to be delivered to medical 

superintendent and copy filed. 

273. Communications with patients. 

[General note. — In this article, we propose a system for the 
management and control of the Dannemora hospital for insane 
convicts, which is now in course of construction. 

The buildings for this hospital were commenced in 1896, under 
an appropriation made by chapter nine hundred and forty-nine 
of the laws of that year, and continued under an appropriation 
made by chapters three hundred and ninety-five of the laws of eigh- 
teen hundred and ninety-seven, two hundred and sixteen of the 
laws of eighteen hundred and ninety-eight. The hospital when com- 
pleted is to be supported by the state as a part of the state prison 
system. It is proposed that all state prison and reformatory 
convicts, and all penitentiary convicts sentenced for felonies, 
who are now confined at the Matteawan state hospital for insane 
criminals, and who have at least six months of their terms to 
serve, be transferred to the Dannemora hospital. It is proposed 



, 134 

that Matteawan should be used exclusively for the confinement 
of criminals who are declared to be insane before their convic- 
tion and of persons confined in penitentiaries and jails under sen- 
tences for less than one year. 

We have applied the system of management and control now 
used at Matteawan as contained in article four of the Insanity 
Law, to the Dannemora hospital without material change.] 

§ 260. Establishment and purposes of the Dannemora hospi- 
tal. — The grounds and property located at Dannemora, in the 
county of Clinton and the buildings erected thereon, when com- 
pleted, shall be designated as the Dannemora hospital for insane 
convicts. Such hospital, when ready for occupancy, shall be used 
for the purpose of confining and caring for such male prisoners 
as are declared insane while confined in a state prison or reforma- 
tory, or while serving a sentence of more than one year in a peni- 
tentiary. 

■[New.] 

§ 261. Medical superintendent. — When the Dannemora hospi- 
tal for insane convicts is ready for occupancy, the superintendent 
of state prisons shall appoint a medical superintendent therefor, 
who shall be a well educated physician of at least five years' 

actual experience as a prison physician or in a hospital for the 

care and treatment of the insane. A vacancy in the office of such 

superintendent shall be filled in like manner. 

The superintendent of state prisons shall make by-laws and 

rules and regulations for the government of the hospital and the 

management of its affairs. 
[New.] 



135 
§ 262. Medical superintendent as treasurer of the hospital.— 
The medical superintendent shall be the treasurer of the hospital, 
and before entering upon his duties, shall file with the state comp- 
troller his undertaking to the people with sureties, to be 
approved by the superintendent of state prisons, to the effect 
that he will faithfully perform his trust as such treasurer. He 
shall have the custody of the moneys, securities and obligationi 
belonging to the hospital, and shall open with some bank, in the 
vicinity of the hospital, to be selected with the approval of the 
comptroller, an account in his name as such medical superinten- 
dent, and immediately deposit in such bank all moneys received 
by him as such medical superintendent and treasurer, and shall 
draw therefrom only for the use of the hospital and in the manner 
provided by the by-laws and upon the order of the steward, speci- 
fying the object of each payment. He shall keep a full and ac- 
curate account of the receipts and payments, as directed by the 
by-laws, and of such other matters as the superintendent of state 
prisons may prescribe, and balance all his accounts, annually, on 
the thirtieth day of September, and within ten days thereafter 
deliver to the superintendent of state prisons, a statement thereof 
and an abstract of such receipts and payments for the past year. 
His books and vouchers shall at all times be open to the inspec- 
tion of the superintendent of state prisons, who may at any 
time require of him a statement of his accounts and of the fundi 

and property in his custody. 

[New.] 



136 

§ 263. Salaries of resident officers. — The superintendent of 

state prisons shall, from time to time, determine the annual 

salaries and allowances of the resident officers, provided they do 

not in the aggregate exceed twelve thousand dollars; and the 

same shall be paid quarterly, on the last days of March, June, 

September and December, by the treasurer of the state, on the 

warrant of the comptroller, out of any moneys in the treasury 

appropriated for that purpose, to the medical superintendent, on 

bis presenting a bill of particulars thereof signed by the steward, 

and properly certified by such medical superintendent. 
[New.] 

■> 
§ 264. Powers and duties of medical superintendent and as- 
sistants. — The medical superintendent shall be the chief execu- 
tive officer of the hospital and shall: 

1. Have the general superintendence of the building and 
grounds, together with their furniture, fixtures and stock, and 
the direction and control of all persons therein, subject to the 
rules and regulations adopted by the superintendent of state 
prisons, with power to assign their respective duties. 

2. Appoint such number of assistant physicians, not to exceed 
one for each two hundred inmates or fraction thereof, as the 
necessities of the institution may require, and a steward, all of 
whom and the medical superintendent, shall reside in the hospi- 
tal, and shall be known as the resident officers thereof. 

3. Appoint §uch and so many attendants and other subordinate 
employes as he may think proper and necessary for the 



137 
economical and efficient administration of the affairs of the hos- 
pital, and prescribe their several duties and places, and fix, with 
the approval of the superintendent of state prisons, their com- 
pensation, and discharge any of them at his sole discretion ; but 
in every case of discharge, so occurring, he shall, forthwith, enter 
the same with the reasons therefor, under an appropriate head- 
ing, in one of the record books of the hospital. 

4. Give, from time to time, such orders and instructions as he 
may deem best calculated to insure good conduct, fidelity and 
economy in every department of labor and expense. 

5. Maintain salutary discipline among all who are employed 
by the institution, and enforce strict compliance with all instruc- 
tions and orders given by him, and uniform obedience to all the 
Tules and regulations of the hospital. 

6. Cause full and fair accounts and records of all his doings, 
and otf the entire business and operations of the institution (to be 
kept regularly, from day to day, in books provided for that pur- 
pose, in the manner and extent prescribed in the by-laws. 

7. See that all accounts and records are fully made up to the 
last day of September in each year, and present the principal 
facts and results, with his report thereon, to the superintendent 
of state prisons, within forty days thereafter. The resident 
officers, before entering upon their duties as such, shall severally 
take and file in the office of the secretary of state, the constitu- 
tional oath of office. The first assistant physician shall perform 
the duties and be subject to the responsibilities of the superin- 



138 

tendent in his sickness or absence. The steward may personally 

purchase any supplies for the use of such hospital, but only in 

the name of the medical superintendent, and in each instance by 

his direction and not otherwise. 
[New.] 

§ 265. Monthly estimates. — The medical superintendent shall 
cause an estimate to be made monthly, in accordance with forms 
to be approved by the state comptroller, of all moneys necessary 
for the support and maintenance of the hospital, which may be 
required to supplement the deficiencies in the earnings thereof. 
Such estimate shall be submitted to and examined by the super- 
intendent of state prisons, who, if he is satisfied that it is correct, 
8nd that the articles named therein are actually needed for the 
support and maintenance of the hospital, shall certify to the 
same, and on production of such estimate so certified, to the 
comptroller, he shall draw his warrant on the state treasurer for 
the amount thereof, and the state treasurer shall pay such 
amount to the medical superintendent of the hospital, out of any 
money in the treasury appropriated for the support of such hos- 
pital. 

[New.] 

§ 266. Power of removal. — The superintendent of state prisons 
may remove the medical superintendent, for cause shown, after 
an opportunity to such superintendent to be heard thereon, and 
such officer shall not be reappointed to the office of medical 

superintendent, or to any other position in said hospital. 

[New.] 



139 

§ 267. Transfer of insane convicts from Matteawan state hospi- 
tal to the Dannemora hospital. — When the Dannemora hospital 
for insane convicts is ready for occupancy, the superintendent of 
the Matteawan state hospital for insane criminals shall cause to 
be transported to the Dannemora hospital and delivered to the 
medical superintendent thereof, all male prisoners, convicted of 
felony, who are confined in such hospital upon a commit- 
ment thereto from a state prison, reformatory or peniten- 
tiary and who have not less than six months to serve of 
the term for which they were sentenced. The cost of such 
transportation shall be a charge upon the amount appro- 
priated for the support and maintenance of Dannemora hospital. 

The original certificates of conviction and copies of the medical 
certificates of insanity of the prisoners transferred shall be for- 
warded to the medical superintendent of Dannemora hospital, 
when such transfer is made. The names of the prisoners so trans- 
ferred, with such information as the superintendent of state 
prisons may require, shall be forwarded to the office of such 

superintendent. 

[New.J 

§ 268. Transfer of prisoners in state prisons, reformatories and 
penitentiaries to Dannemora hospital. — Whenever the physician 
of either of the state prisons, reformatories or penitentiaries shall 
certify to the warden or superintendent thereof, that a male 
prisoner confined therein and sentenced thereto for a felony, is, 
in his opinion, insane, such warden or superintendent shall cause 



140 

such prisoner to be transferred to the Dannemora hospital for 
insane convicts and delivered to the medical superintendent 
thereof. Such superintendent shall receive the prisoner into such 
hospital, and retain him there until legally discharged. The war- 
den or superintendent, before transferring such insane prisoner, 
shall see that he is in a state of bodily cleanliness, and is pro- 
vided with a new suit of clothing similar to that furnished to 
convicts on their discharge from prison. At the time of such 
transfer, there shall be transmitted to the medical superintend- 
ent of such hospital the original certificate of conviction and the 
certificate of insanity executed by the physician, which shall be 
filed in the office of such medical superintendent and a copy 

thereof filed in the office of the superintendent of state prisons. 
[New.] 

§ 269. Retention of insane convicts after the expiration of their 
terms. — When the term of a convict confined in Dannemora hospi- 
tal for insane convicts has expired, and, in the opinion of the 
medical superintendent, such convict continues insane, the medi- 
cal superintendent shall apply to a judge of a court of record to 
cause an examination to be made of such person, by two legally 
qualified examiners in lunacy, other than a physician connected 
with such hospital, qualified to act as medical examiners in lunacy. 
Such examiners shall be designated by the judge to whom the 
application is made. Such examiners, if satisfied, after a per- 
sonal examination, that such convict is insane, shall make a certi- 
ficate to such effect in the form and manner prescribed by the 



141 

insanity law for the commitment of insane persons to 
state hospitals. Such 'Superintendent shall apply ito a 
judge of a court of record for an order authorizing him 
to retain such convict at the Dannemora hospital, ac- 
companying such application with such certificate in lun- 
acy. Such judge, if satisfied that such convict continues in- 
sane, shall issue such order of retention, and such superintendent 
shall thereupon retain the convict at Dannemora hospital until 
discharged as provided by law. The certificate in lunacy and 
order of retention shall be kept by the medical superintendent in 
his office, and one copy thereof shall be filed in the office of the 
superintendent of state prisons and another in the office of the 
state commission in lunacy. The costs necessarily incurred in 
determining the question of insanity, including the fees of the 
medical examiner, shall be a charge upon the amount appro- 
priated for the support and maintenance of the Dannemora hospi- 
tal, and be paid in the same manner as are other expenses of such 

hospital. 
[New.] 

§ 270. Discharge of insane convicts after expiration of 
terms. — The medical superintendent of the Dannemora hospital 
may discharge and deliver any patient whose sentence has ex- 
pired, and who is still insane, but who, in the opinion of the 
superintendent, is reasonably safe to be at large, to his relatives 
or friends who are able and willing to comfortably maintain him, 
without further public charge; and such patient may, in the 



142 

discretion of the medical superintendent, be provided with the 
whole or a portion of such allowances as are hereinafter granted 
to recovered convicts. Whenever any convict, who, by reason of 
his insanity, shall have been retained beyond the date of the 
expiration of his sentence, shall recover, he may be discharged by 
the medical superintendent, and such convict shall be entitled to 
ten dollars in money, suitable clothing and a railroad ticket to 
the county of his conviction or to such other place as he may des- 
ignate at no greater distance. Any convict in the Dannemora 
hospital, whose term of imprisonment has expired by commuta- 
tion or otherwise, and who is not recovered may, upon an order 
of the commission in lunacy, be transferred to any institution for 

the insane. 

[New.] 

§ 271. Convicts on recovery to be transferred to prison. — When- 
ever any convict, who shall have been confined in such hospital as 
an insane person, shall have recovered before the expiration of 
bis sentence, and the medical superintendent thereof shall so 
certify in writing to the warden or superintendent of the institu- 
tion, from which such convict was received, or to which the super- 
intendent of state prisons may direct that he be transferred, such 
convict shall forthwith be transferred to the institution from 
which he came, by the medical superintendent of the hospital, or, 
if received from one of the state prisons, to such state prison as 
the superintendent of state prisons may direct; and the warden 
or superintendent of such institution shall receive such convict 



H3 

into such institution, and shall, in all respects, treat him as when 

originally sentenced to imprisonment. 
[New.] 

§ 272. Certificate of conviction to be delivered to medical super- 
intendent and copy filed. — Whenever a convict is transferred to 
the Dannemora hospital, the warden or superintendent in charge 
of the prison, penitentiary, or reformatory from which such con- 
vict is transferred, shall cause a copy of the original cer- 
tificate of conviction of such convict to be filed in the office of such 
warden or superintendent, and shall deliver the original certifi- 
cate to the medical superintendent of such hospital; and when- 
ever any such convict shall be transferred to any penal institu- 
tion from such hospital, as hereinbefore provided, the medical 
superintendent shall deliver to the warden, or superintendent in 
charge of such institution, such original certificate, which shall 

be filed in the clerk's office of the same. 
[New.] 

§ 273. Communications with patients. — No person not author- 
ized by law or by written permission from the superintendent of 
state prisons shall visit the Dannemora hospital, or communi- 
cate with any patient therein, without the consent of the medical 
superintendent; nor without such consent shall any person bring 
into or convey out of the Dannemora hospital any letter or writ- 
ing to or from any patient; nor shall any letter or writing be 
delivered to a patient, or if written by a patient, be sent from 
the Dannemora hospital nntil the same shall have been ex- 



144 

amined and read by the medical superintendent or some other 
officer of the hospital duly authorized by the medical superin- 
tendent. But communications addressed by such patient to the 
county judge or district attorney of the county from which he 
was sentenced, shall be forwarded, after examination by such 

medical superintendent, to their destination. 
£New.J 

ARTICLE XIV. i 

CLASSIFICATION AND EMPLOYMENT OF PRISONEBS. 

Section 280. Classification of prisoners. 

281. Powers of superintendent of state prisons relative to 

classification and transfers. 

282. Prisoners to be employed. 

283. Employment of prisoners in state prisons. 

284. Employment of prisoners in state reformatories. 

285. Employment of prisoners in penitentiaries. 

286. Different grades of prisoners, how employed. 

287. Employment of prisoners in state prisons upon pub- 

lic highways. 

288. Labor of prisoners in county jails. 

[General note. — This article contains a revision of existing 
statutes relating to the classification of and the manner of employ- 
ing prisoners confined in the several penal institutions. The labor 
of the prisoners is to be employed as now. The changes pro- 
posed do not affect the substance of the present laws.] 

§ 280. Classification of prisoners. — The prisoners in the state 

prisons, reformatories and penitentiaries shall be classified into 

three grades as follows: 



145 

Grade one shall include the least vicious prisoners who are 
susceptible of reformation and will probably observe the laws 
and maintain themselves by honest industry after their dis- 
charge. 

Grade two shall include the more vicious prisoners who appear 
to be incorrigible, but are reasonably obedient to prison rules 
and discipline and competent to work without seriously interfer- 
ing with the productiveness of their labor or of the labor of those 
in whose company they may be employed. 

Grade three shall include the most vicious prisoners, and those 
who. because of insubordination, can not be employed without 
serious interference with the discipline of the prison or the pro- 
ductiveness of labor therein. 

[R. S., pt. IV, chap. 3. tit. II, § 95, as amended by 
L. 1889, chap. 382, without change.] 

§ 281. Powers of superintendent of state prisons relative to 

classification and transfers. — The superintendent shall make rules 

and regulations for the classification of prisoners in state prisons 

and their promotion or reduction from one grade to another. He 

shall direct the separation of the prisoners of different grades 

within each prison. He shall transfer prisoners from one state 

prison to another whenever necessary because of the capacities of 

the respective prisons, or when it would be conducive to the health 

or reformation of the prisoners. He shall, as soon as practicable, 

so transfer such prisoners for the purpose of including all the 

prisoners of one grade in a single prison. 

[R. S., pt. IV. chap. 3. tit. II, § 96, as amended by 
L. 1889, chap. 382. 



146 

The present law is as follows: 

" § 96. The superintendent of state prisons may make rules and 
regulations for the promotion or reduction of the prisoners from 
one grade to another, and shall transfer from time to time the 
prisoners in the state prisons from one prison to another with 
reference to the respective capacities of the several state prisons, 
or with reference to the health or reformation of the prisoners, or 
with reference to including all prisoners of one grade as nearly 
as may be practicable in one prison, or may direct the separatiou 
from each other of the prisoners of different grades so far as 
practicable within each state prison." 

It will be noticed that the changes suggested are verbal.] 

§ 282. Prisoners to be employed. — The superintendent of state 
prisons, the superintendents, managers and officials of all re- 
formatories and penitentiaries, shall, so far as practicable, cause 
all prisoners in such institutions, who are physically capable, to 
be employed at hard labor for not to exceed eight hours each 

day, except Sundays and public holidays. 

[R. S., pt. IV, chap. 3, tit. II, § 98, in part, as amended by 

L. 1889, chap. 382, and L. 1896. chap. 429. 
Only the first clause in such section is contained in the above 
section of the revision.] 

§ 283. Employment of prisoners in state prisons. — The prison- 
ers in state prisons shall be employed, first, for the use and bene- 
fit of such institutions; second, in manufacturing articles and in 
the performance of labor for the use of the state and the public 
buildings, institutions and departments thereof; and third, in 
manufacturing articles for the use of the political divisions of 

the state. 

[R. S., pt. IV, chap. 3, tit. II, § 103, as amended by 
L. 1S89, chap. 382, and L. 1896, chap. 429. 

Such section reads as follows : 

" § 103. The labor of the convicts in state prisons and reform- 



147 

atories in the state, after the necessary labor for and manufac- 
ture of all needed supplies, for said institutions, shall be pri- 
marily devoted to the state and the public buildings and institu- 
tions thereof, and the manufacture of supplies for the state, and 
public institutions thereof, and secondly to the political divisions 
of the state, and public institutions thereof; and the labor of the 
convicts in the penitentiaries, after the necessary labor for and 
manufacture of all needed supplies for the same, shall be pri- 
marily devoted to the counties, respectively, in which said peni- 
tentiaries are located, and the towns, cities and villages therein, 
and to the manufacture of supplies for the public institutions of 
the counties, or the political divisions thereof, and secondly to the 
state and the public institutions thereof." 

The first clause of this section is contained in the above sec- 
tion of the revision without change in substance. 

The two following sections of the revision are also based upon 
this section of the present law. J 

§ 284. Employment of prisoners in state reformatories. — The 
prisoners in state reformatories may be employed at hard labor, 
or for industrial training and instruction, alone, even if thereby no 
useful or saleable products are manufactured, if such training and 
instruction can be more effectively given in such manner; or such 
prisoners may be employed in the same manner as prisoners con- 
fined in state prisonsl 

[The present law contains no express provision similar to this, 
except in effect. See note to preceding section.] 

§ 285. Employment of prisoners in penitentiaries. — The prison- 
ers in each penitentiary shall be employed: first, for the use and 
benefit of such penitentiary; second, for the use and benefit of the 
county within which such penitentiary is situated, and in manu- 
facturing supplies for the offices, public buildings, institutions and 
departments thereof; third, for the use and benefit of the political 
divisions of such county, and in manufacturing supplies therefor; 



■ 148 

fourth, in manufacturing supplies for other counties and the po- 
litical divisions thereof; and fifth, in manufacturing supplies for 
the state and the offices, public buildings, institutions and de- 
partments thereof. 

[K. >S., pt. IV, chap. 3, tit. II, § 103, as amended by 

L. 1889, chap. 382, and L. 1896, chap. 429. 
Such section is set out in full in the note to § 283, ante. The 
changes suggested are, for the most part, verbal.] 

§ 286. Different grades of prisoners, how employed. — The pri- 
mary or sole object of the labor of prisoners of the first grade shall 
be to fit them for self-maintenance by honest industry after their 
discharge from imprisonment. They may be employed at hard 
labor or for industrial training and instruction, alone, even if 
thereby no useful or saleable products are made, provided such 
training and instruction can be more effectively given in such 
manner. 

Prisoners of the isecond grade shall be employed, as far as prac- 
ticable, in manufacturing articles of value for use or sale, as pro- 
vided in this chapter, or in the performance of labor for the 
institution in which they are confined or for the state or a politi- 
cal division thereof. 

Prisoners of the third grade shall be given work or exercise 
which will tend to preserve their health, or they may be em- 
ployed in the same manner as prisoners of the second grade. 

[TR. S., pt. IV, chap. 3, tit. II, §§ 99-101. Such sections are 
consolidated and rewritten. The substance is retained without 
change.] 

as 



149 

§ 287. Employment of prisoners in state prisons upon public 
highways. — The superintendent may cause not more than three 
hundred prisoners in each state prison to be employed in the 
construction and improvement of public highways, within a ra- 
dius of thirty miles from such prison and outside of a city or an 
incorporated village. 

The warden of each prison, subject to the approval of the super- 
intendent, shall designate the highways and portions thereof 
which are to be so constructed or improved. Such highways 
shall be under his control while such work is in progress. The 
state engineer and surveyor shall fix the grade and width of such 
highways and direct the manner in which the work shall be done. 
Such warden shall make all necessary rules and regulations for 
the proper care and control of the prisoners employed in such 
wo»rk, subject to -tine approval of ithe superintendent. He may, by 
direction of the superintendent, purchase machinery, tools and 

materials necessary for such employment. 

[L. 1894, chap. 266, §§ 1-4. Under the present law the superin- 
tendent is authorized to purchase machinery, tools and 
materials.] 

§ 288. Labor of prisoners in county jails. — Prisoners impris- 
oned in a county jail under sentence shall be constantly 
employed at hard labor, when practicable, for eight hours 
each day, except Sundays and public holidays. The board of 
supervisors of the county or the county judge may prescribe the 
kind of labor at which such prisoners shall be employed. The 
keeper of the jail shall account, at least annually, with the board 



I 150 

of supervisors of the county, for the proceeds of such labor. Such 
keeper may, with the consent of the board of supervisors of the 
county, or the county judge, from time to time, cause such pris- 
oners under his charge as are capable of hard labor, to be em- 
ployed outside of the jail in the same, or in an adjoining county, 
upon such terms as may be agreed upon between the keeper* 
and the officers or persons under whose direction such prisoners 
shall be placed, subject to such regulations as the board of super- 
visors or county judge may prescribe. The board of supervisors 
of a county may direct and make rules and regulations for the 
employment of such prisoners in building and repairing county 
buildings and town and county highways or in preparing the 
materials for the construction of highways for the use of such 
counties or to be sold to the towns, villages and cities therein. 
Such board of supervisors may cause money to be raised by taxa- 
tion for carrying the provisions of this section into effect. 

[County L., § 93, in part, as amended by 
L. 1896, chap. 826. 

Changes have been made in language but without intent to 
modify the present law. The last clause of § 93 is omitted as 
unnecessary.] 

ARTICLE XV. 

MANUFACTURE OF SUPPLIES IN PENAL INSTITUTIONS FOB 
USE OF THE STATE AND THE POIJTICAL DIVISIONS 
THEREOF. 

Section 300. Estimates of supplies required, to be made to com- 
mission. 
301. Distribution and assignments of industries and 
labor. 



151 
Section 302. The board of classification. 

303. Modification of prices fixed by board of classifica- 

tion. 

304. Purchase of articles manufactured in penal institu- 

tions. 

305. List of articles manufactured in penal institutions. 

306. Requisitions. 

307. Certificates when articles cannot be furnished; bills 

and claims, when not to be audited. 

308. Payments for articles purchased; cost of transporta- 

tion. 

309. Enforcement of provisions of article. 

310. Supplies manufactured by and labor of prisoners in 

penitentiaries. 

311. Prices for articles and labor furnished by a peniten- 

tiary to the county in which it is located. 

[General Note. — The system of manufacturing supplies in 
peual institutions for the use of the state and its political divi- 
sions, as instituted by L. 1896, chap. 429, is retained in this 
article. We have modified the language of the present law and 
attempted to clear up apparent inconsistencies. Many matters 
of detail not found in the present law, are inserted. 

For convenience of reference we here insert the sections of R. 
S., pt. IV, chap. 3, tit. II, as amended by L. 1896, chap. 429, which 
relate to the present system of prison manufactures: 

" § 97. The superintendent of state prisons shall not, nor shall 
any other authority whatsoever, make any contract by which the 
labor or time of any prisoner in any state prison, reformatory, 
penitentiary or jail in this state, or the product or profit of his 
work, shall be contracted, let, farmed out, given or sold to any 
person, firm, association or corporation; except that the convicts 
in said penal institutions may work for, and the products of their 



, 152 

labor may be disposed of, to the state or any political division 
thereof, or for or to any public institution owned or managed and 
controlled by the state, or any political division thereof. 

" § 98. The superintendent of state prisons, the superintend- 
ents, managers and officials of all reformatories and peniten- 
tiaries in the state, shall, so far as practicable, cause ail the pris- 
oners in said institutions, who are physically capable thereof, to 
be employed at hard labor, for not to exceed eight hours of each 
day. other than Sundays and public holidays, but such hard labor 
shall be either for the purpose of production of supplies for said 
institutions, or for the state, or any political division thereof, or 
for any public institution owned or managed and controlled by 
the state, or any political division thereof; or for the purpose of 
industrial training and instruction, or partly for one and partly 
for the other of such purposes. 

" § 99. The labor of the prisoners of the first grade in each of 
said prisons, reformatories and penitentiaries, shall be directed 
with reference to fitting the prisoner to maintain himself by hon- 
est industry after his discharge from imprisonment, as the pri- 
mary or sole object of such labor, and such prisoners of the first 
grade may be so employed at hard labor for industrial training 
and instruction solely, even though no useful or salable products 
result from their labor, but only in case such industrial training 
or instruction can be more effectively given in such manner. 
Otherwise, and so far as is consistent with the primary object of 
the labor of prisoners of the first grade as aforesaid, the labor of 
such prisoners shall be so directed as to produce the greatest 
amount of useful products, articles and supplies needed and used 
in the said institutions, and in the buildings and offices of the 
state, or those of any political division thereof, or in any public 
institution owned and managed and controlled by the state or 
any political division thereof, or said labor may be for the state, 
or any political division thereof. 

" § 100. The labor of prisoners of the second grade in said 
prisons, reformatories and penitentiaries shall be directed pri- 
marily to labor for the state or any political division thereof, or 
to the production and manufacture of useful articles and supplies 
for said institutions, or for any public institution owned or man- 
aged and controlled by the state, or any political division thereof. 

" § 101. The labor of prisoners of the third grade shall be 
directed to such exercise as shall tend to the preservation of 
health, or they shall be employed in labor for the state, or a 



153 

political division thereof, or in the manufacture of such useful 
articles and supplies as are needed and used in the said institu- 
tions, and in the public institutions owned or managed and con- 
trolled by the state, or any political division thereof. 

" § 102. All convicts sentenced to state prisons, reformatories 
and penitentiaries in the state, shall be employed for the state, or 
a political division thereof, or in productive industries for the 
benefit of the state, or the political divisions thereof, or for the 
use of public institutions owned or managed and controlled by 
the state, or the political divisions thereof, which shall be under 
rules and regulations for the distribution and diversification 
thereof, to be established by the state commission of prisons. 

" § 103. The labor of the convicts in state prisons and reforma- 
tories in the state, after the necessary labor for and manufacture 
of all needed supplies, for said institutions, shall be primarily 
devoted to the state and the public buildings and institutions 
thereof, and the manufacture of supplies for the state, and public 
institutions thereof, and secondly to the political divisions of the 
state, and public institutions thereof; and the labor of the con- 
victs in the penitentiaries, after the necessary labor for and 
manufacture of all needed supplies for the same, shall be pri- 
marily devoted to the counties, respectively, in which said peni- 
tentiaries are located, and the towns, cities and villages therein, 
and to the manufacture of supplies for the public institutions of 
the counties, or the political divisions thereof, and secondly to 
the state and the public institutions thereof. 

" § 104. It shall be the duty of the superintendent of state 
prisons to distribute, among the penal institutions under his 
jurisdiction, the labor and industries assigned by the commission 
to said institutions, due regard being had to the .location and 
convenience of the prisons, and of the other institutions to be 
supplied, the machinery now therein and the number of prisoners, 
in order to secure the best service and distribution of the labor, 
and to employ prisoners, so far as practicable, in occupations in 
which they will be most likely to obtain employment after their 
discharge from imprisonment; to change or dispose of the pres- 
ent plants and machinery in said institutions now used in indus- 
tries which shall be discontinued, and which can not be used in 
the industries hereafter to be carried on in said prisons, due 
effort to be made by full notice to probable purchasers, in case 
of sales of industries or machinery, to obtain the best price pos- 
sible for the property sold, and good will of the business to be 



154 

discontinued. The superintendent of state prisons shall annually 
cause to be procured and transmitted to the legislature, with his 
annual report, a statement showing in detail, the amount and 
quantity of each of the various articles manufactured in the sev- 
eral penal institutions under his control and the labor performed 
by convicts therein, and of the disposition thereof. 

' § 105. The superintendent of state prisons, and the superin- 
tendent of reformatories and penitentiaries, respectively, are 
authorized and directed to cause to be manufactured by the con- 
victs in the prisons, reformatories and penitentiaries, such arti- 
cles as are needed and used therein, and also such as are required 
by the state or political divisions thereof, and in the buildings, 
offices and public institutions owned or managed and controlled 
by the state, including articles and materials to be used in the 
erection of the buildings. All such articles manufactured in the 
state prisons, reformatories and penitentiaries, and not required 
for use therein, may be furnished to the state, or to any political 
division thereof, or for or to any public institution owned or man- 
aged and controlled by the state, or any political division thereof, 
at and for such prices as shall be fixed and determined as herein- 
after provided, upon the requisitions of the proper officials, trus- 
tees or managers thereof. No article so manufactured shall be 
purchased from any other source, for the state or public institu- 
tions of the state, or the political divisions thereof, unless said 
state commission of prisons shall certify that the same can not 
be furnished upon such requisition, and no claim therefor shall 
be audited or paid without such certificate. 

" § 106. On or before October first in each year, the proper offi- 
cials of the state, and the political divisions thereof, and of the 
institutions of the state, or political divisions thereof, shall report 
to the said commission of prisons estimates for the ensuing year 
of the amount of supplies of different kinds required to be pur- 
chased by them that can be furnished by the penal institutions of 
the state. The said commission is authorized to make regula- 
tions for said reports, to provide for the manner in which requisi- 
tions shall be made for supplies, and to provide for the proper 
diversification of the industries in said penal institutions. 

" § 107. The comptroller, the state commission of prisons and 
the superintendent of state prisons and the lunacy commission 
are hereby constituted a board to be known as the board of classi- 
fication. Said board shall fix and determine the prices at which 
all labor performed, and all articles manufactured and furnished 
to the state, or the political divisions thereof, or the public insti- 



155 

tutions thereof, shall be furnished, which prices shall be uniform 
to all, except that the prices for goods or labor furnished by the 
penitentiaries to or for the county in which they are located, or 
the political divisions thereof, shall be fixed by the board of 
supervisors of such counties, except New York and Kings coun- 
ties, in which the prices shall be fixed by the commissioners of 
charities and correction, respectively. The prices shall be as 
near the usual market price for such labor and supplies as pos- 
sible. The state commission of prisons shalil devise and furnish 
to all such institutions a proper form for such requisition and 
the comptroller shall devise and furnish a proper system of ac- 
counts to be kept for all such transactions. It shall also be the 
duty of the board of classification to classify the buildings, offices 
and institutions owned or managed and controlled by the state, 
and it shall fix and determine the styles, patterns, designs and 
qualities of the articles to be manufactured for such buildings, 
offices and public institutions in the penal institutions of this 
state. So far as practicable, all supplies used in such buildings, 
offices and public institutions shall be uniform for each class, and 
of the styles, patterns, designs and qualities that can be manu- 
factured in the penal institutions in this state."] 

§ 300. Estimates of supplies required, to be made to coinmii- 
sion. — On or before the first day of October in each year, the 
several officers, boards and commissions having charge of the 
purchasing of supplies for the offices, departments, institution! 
and public buildings of the state and the political divisions 
thereof, shall make an estimate to the state commission of pris- 
ons, of the amount of supplies of different kinds required for the 
use of such public buildings, institutions, offices or departments 
during the ensuing year. Such commission may prescribe the 

form of such estimates. 

[E. S., pt. IV, chap. 3, tit. II, § 106, as amended by 
L. 1889, chap. 382, and L. 1896, chap. 429. 

See " General Note " at beginning of article. Part of the last 
sentence of such section is covered by the following section of 
the revision.] 



156 

§ 301. Distribution and assignment of industries and labor. — 
The commission shall assign to the state prisons the industries 
and labor which are to be conducted and performed therein, and 
assign to and distribute among the reformatories and peniten- 
tiaries the industries and labor which are to be conducted and 
performed in such institutions. In making such assignments and 
distribution due regard shall be had to the employment of the 
prisoners therein, in conformity with the provisions of the pre- 
ceding article. No printing or photo-engraving shall be done in 
any state prison, penitentiary, or reformatory for the state or any 
political division thereof, or for any public institution owned or 
managed and controlled by the state or any such political division 
except such printing as may be required for or used in the penal 
and state charitable institutions, and the reports of the state 
commission of prisons and the superintendent of state prisons 
and all printing required in their offices. 

Before assigning and distributing such industries and labor the 
commission shall consult with the superintendent of state prisons, 
in regard to the industries and ilabor that can best be conducted 
and performed in state prisons, and shall invite the superinten- 
dents of reformatories and penitentiaries to confer with the com- 
mission in regard to such assignments and distribution. 

Reassignments and redistributions of industries and labor may 
he made by the commission whenever necessary for the general 
welfare of the several institutions./ But whenever an industrj 
has once been assigned, such assignment, if to state prisons, shall 



157 
not be modified or limited without the consent of the superinten- 
dent of state prisons; if to a penitentiary or reformatory, with- 
out the consent of ithe superintendent or the board of managers 

thereof. J 

[R. S., pt. IV, chap. 3, tit. II, §§ 102, 104, 106, as amended by 
L. 1SS9, chap. 382, and L. 1896, chap. 429. 

See General Note at beginning of article. 

The present law authorizes the state commission to make as- 
signments of industries to the several penal institutions and to 
make rules for the proper distribution and diversification of such 
industries. 

The last sentence in the first paragraph is a proposed 
re-enactment of L. 1898, chap. 645, without change. 

Except as above specified, this section is new.] 

§ 302. The board of classification. — The comptroller, the state 
commission of prisons, the superintendent of state prisons and 
the state commission of lunacy shall continue to be a board of 
classification. Such board shall determine the prices for which 
labor shall be performed and articles shall be manufactured and 
furnished to the state or the political divisions thereof, except 
where such articles and labor are furnished to a county, or to the 
cities, villages, towns and school districts therein, by a peniten- 
tiary located in such county. Such prices shall be uniform and 
shall be as near the usual market prices for such labor and arti- 
cles as possible. Such board of classification shall classify the 
offices, institutions, departments and public buildings managed 
and controlled by the state, and the political divisions thereof, 
and shall determine the styles, patterns, designs and quality of 
the articles to be manufactured therefor. So far as practicable, 



158 
all articles used in such offices, institutions, departments and 
public buildings shall be uniform for each class, and of the styles, 
patterns, designs and qualities that can be manufactured in penal 

institutions. 

[R. S., pt. IV, chap. 3, tit. II, § 107, as amended by 
L. 1889, chap. 382, and L. 1896, chap. 429. 

See " General Note " at the beginning of this article. It is not 
intended to change the substance of the present law by the 
revision.] 

§ 303. Modification of prices fixed by board of classification. — 
If an officer, board or commission, having charge of an office, in- 
stitution, department or public building of a political division of 
the state, required by this article to purchase supplies manufac- 
tured in the penal institutions of the state, is dissatisfied with 
the prices fixed by the board of classification for such supplies, 
application may be made to such board for a modification of 
such prices. If upon such application such prices are not modi- 
fied or reduced to the satisfaction of such officer, board or com- 
mission, an order to show cause why such prices should not be 
modified or reduced may be granted by a justice of the supreme 
court of the third judicial district. Such order shall be returna- 
ble not less than eight days after the service thereof before such 
justice or a referee appointed by him, at a time and place speci- 
fied therein. Such order shall be directed to the board of classifi- 
cation and shall be served upon the comptroller. Such justice 
or referee at the time and place mentioned in the order shall hear 
the facts relating to the application for a modification or reduc- 
tion of such prices. After such hearing an order shall be granted 



159 
affirming the determination of the board of classification or re- 
ducing or modifying the prices fixed by them as justice may re- 
quire. Such order shall be final as determining the particular 
prices complained of. The justice making the order may allow 

costs in his discretion, to either party. 

[This section is new. It is limited in its application to prices 
fixed bv the board for articles purchased by the political divisions 
of the state. It is a hardship upon the counties, cities and vil- 
lages of the state to compel them to purchase goods manufac- 
tured in a state prison, the prices of which are determined by a 
state board, if it appears that such prices are more than the 
goods required can be purchased in the locality of the county, 
city or village.] 

§ 304. Purchase of articles manufactured in penal institutions. 
— The officers, boards and commissions having charge of the 
offices, institutions, departments and public buildings of the 
state, or the political divisions thereof, shall purchase from the 
penal institutions the articles required for the use of such offices, 
institutions, departments and public buildings which can be fur- 
nished by such penal institutions. 

£R. S.j pt. IV, chap. 3. tit. II, § 105, last two sentences, 

as amended by L. 1S89, chap. 382, and L. 1896. chap. 429. 
See " General Xote " at the beginning of this article. 
The present law requires all purchases to be made from penal 
institutions, if the articles required are manufactured therein. 
Xo change in effect is proposed by the revision.] 

§ 305. List of articles manufactured in penal institutions. — 
For the information of the officers, boards and commissions hay- 
ing charge of the offices, institutions, departments and public 
buildings of the state, and the political divisions thereof, re- 
quired by this article to purchase supplies manufactured in penal 



160 

institutions, the superintendent of state prisons shall cause 
lists, showing, so far as practicable, the lines of supplies 
which can be manufactured in such penal institutions, to 
be prepared, and printed copies thereof to be mailed to 
such officers, boards and commissions. Such lists shall include 
the articles most commonly used in public buildings, offices, in- 
stitutions and departments which can be manufactured to the 
best advantage in penal institutions, and shall, as far as practic- 
able, specify the prices, styles, patterns, designs and quality as 
determined by the board of classification. The articles contained 
in such list shall be described or illustrated so as to furnish 
reasonably full information of the style, patterns, designs and 
quality thereof. There shall also be printed with such list full 
and accurate directions for making requisitions for such articles 
and such other information in regard to the purchase of, and 
payment for, such articles as the superintendent may deem ex- 
pedient. 

[This section is new. It is inserted to conform the law with 
the practice.] 

§ 306. Requisitions. — All requisitions for articles manufac- 
tured and furnished by penal institutions to the officers, boards 
and commissioners having charge of the offices, departments, in- 
stitutions and public buildings of the state and the political divi- 
sions thereof, shall be made upon the superintendent of state 
prisons. If the articles required for the use of the offices, de- 
partments, institutions or public buildings of a county or its 



161 
political divisions, wherein a penitentiary is located, are manu- 
factured in such penitentiary, under provisions made therefor as 
prescribed in this article, requisitions for such articles shall be 
made upon the superintendent or warden of such penitentiary, 
and copies of such requisitions shall be forwarded to the state 
commission of prisons, by such superintendent or warden, im- 
mediately upon the receipt thereof by him. If such articles are 
not manufactured in such penitentiary, requisitions therefor shall 
be made upon the superintendent of state prisons, as above pro- 
vided. 

If the articles called for by requisitions received by the 
superintendent of state prisons are not manufactured in or can- 
not be furnished within a reasonable time, by the state prisons, 
the superintendent shall at once so advise the commission, 
and if such articles are manufactured in or can be 
furnished by a reformatory or penitentiary, such requisitions 
shall be transmitted by such commission to the superintendent 
of such reformatory or penitentiary and such articles shall be 
furnished by him. The superintendent shall deliver to the secre- 
tary of the commission the original requisitions from which the 
secretary shall copy such part thereof as he may need for the in- 
formation of such commission, after which such requisition shall 
be returned to the superintendent. 

The warden of each state prison shall, on the first business 
day of each week, report to the commission the shipments 



162 
of goods by such warden during the preceding week, show- 
lie date of the requisition, date of shipment, name of officers, 
department or institution making the requisition, a description of 

the articles so sent out, and the quantity and value of each. 

[This section is new in form. By § 106 of R. S v pt. IV, chap. 
3, tit. II, as amended by L. 1896, chap. 429, the state commission 
of prisons is authorized to " provide for the manner in which re- 
quisitions shall be made for supplies."] 

§ 307. Certificates when articles cannot be furnished; bills and 
claims, when not to be audited. — Articles required for the use 
of an office, institution, department or public building of the 
state or a political division thereof, which can be manufactured 
in penal institutions, shall not be purchased from any other 
source than a penal institution, unless the commission shall 
certify in writing that such articles cannot be furnished by 
any penal institution, upon such requisition, or that they cannot 
be furnished within a reasonable time, or that the quantity or 
value of the articles required is so small that it would not be to 
the interest of the state or county to furnish the same. 

No bill or claim for furnishing articles to any office, institu- 
tion, department or public building of the state or a political divi- 
sion thereof, which can be manufactured in and furnished by a 
penal institution, shall be audited or paid by the officers or board 
authorized by law to audit and pay the bills or claims against 
such office, department, institution or public buildings unless 
such certificate is attached thereto. 

The officer or board knowingly auditing any such bills or 



163 
claims, contrary to the provisions of this section, shall be guilty of 
a misdemeanor and shall forfeit to the people of the jstate an 
amount equal to the sum paid upon such bills or claims so 
audited, to be recovered in an action brought by the attorney- 
general in the name of the commission. 

[R. S., pt. IV, chap. 3, tit. II, § 105 ; last two sentences, 
as amended by L. 1889, chap. 382, and L. 1896, chap. 429. 

See " General Note " at the beginning of this article. 

The present law is not changed in effect by the revision, al- 
though it is amplified and set forth more in detail. 

The last sentence relating to the penalty for a failure upon the 
part of a public officer or board to make purchases as required by 
law, is new.] 

§ 308. Payments for articles purchased; cost of transporta- 
tion. — Payments for articles purchased from the penal institu- 
tions, as required herein, shall be made to the warden or super- 
intendent of the institution in which such articles were manu- 
factured. There shall be deducted from the amount charged for 
the articles so purchased, the cost of transportation thereof from 
the place of shipment to a point upon a line of public transporta- 
tion nearest the place where such articles are to be used. 

[This section is new.] 

§ 309. Enforcement of provisions of article.— If the officer, 
board or commission having charge of an office, institution, de- 
partment or public building of the state or a political division 
thereof, fails to comply with the provisions of this article, an ap- 
plication may be made by the state commission of prisons to a 
justice of the supreme court in the judicial district in which such 
public building, institution, department or office is situated, upon 



I 164 

at least ten days' notice to such officer, board or commission, for 
an order directing a compliance with such provisions. If it shall 
appear upon the hearing of such application, that any of such 
provisions are not complied with, the justice shall make an order 
directing a compliance therewith, with such costs of the applica- 
tion as the justice in his discretion may impose. A failure to 
comply with such order shall be a contempt of court and punish- 
able as such. 

Such commission, or any of its members or officers having au- 
thority therefrom, may take testimony and inspect the accounts 
of any such public buildings, institutions, departments or offices 
for the purpose of ascertaining if supplies have been purchased 

contrary to the provisions of this article. 

[This section is new.] 

( § 310. Supplies manufactured by and labor of prisoners in 

penitentiaries. — The board of supervisors or other board or offi- 
cer having charge of a penitentiary may provide, with the ap- 
proval of the commission, for the employment of prisoners therein 
in the performance of labor or the manufacture of articles for the 
county wherein such penitentiary is located and for the political 
divisions thereof. Whenever provisions are so made the officers, 
boards and commissions having charge of the offices, institutions, 
departments and public buildings of such county and the political 
divisions thereof, shall purchase the articles manufactured in 
such penitentiary. If the articles required for the use of such 
offices, institutions, departments and public buildings are not 



105 
manufactured in such penitentiary and are manufactured in other 
penal institutions of the state, such articles shall be purchased 
and requisitions shall be made therefor in the manner prescribed 

in this article. 

[This section is new.] 

§ 311. Prices for articles and labor furnished by a penitentiary 
to the county in which it is located. — The prices for articles or 
labor furnished by a penitentiary to the county in which it is 
located, and the political divisions thereof, shall be determined 
by the board of supervisors of such county. If such penitentiary 
is located in the counties of New York or Kings, such prices 
shall be fixed by the commissioner of corrections of the city of 

New York. 

[R. S., pt. IV, chap. 3, tit. II, § 107, part of first sentence, as 
amended by L. 1889, chap. 382, and L. 1896, chap. 429, without 
intentional change in effect.] 

ARTICLE XVI. 

CONDUCT OP MANUFACTUBING INDTJSTBIES IN STATE 

PRISONS. 

Section 320. Superintendent to distribute assignments of labor 
and industries to state prisons. 

321. Disposal of manufacturing plants. 

322. Purchase of machinery and supplies. 

323. Monthly estimates in relation to manufactures. 

324. Manner of purchasing materials for manufacturing 

purposes. ' 



166 
Section 325. Deposit of proceeds of labor of prisoners in banks, 

326. Weekly statement of deposits. 

327. Payment of drafts. 

328. Transfer of deposits to prison fund. 

329. Monthly statements of wardens relating to prison 

industries. 

330. Comptroller's report relating to prison industries. 

331. Superintendent's annual report. 

[General note.— Sections 104, 111-115 of R. S., pt. IV, ch. 3, tit. 
II, as amended by L. 1889, ch. 382, relating to the manner of con- 
ducting the industries in state prisons are revised and included 
in this article. The changes, except as noted at the end of the 
sections, are verbal.] 

§ 320. Superintendent to distribute assignments of labor and 
industries to state prisons. — The superintendent shall distribute 
among the state prisons the labor and industries assigned thereto 
by the commission. Such distribution shall be made according 
to the location and convenience of the prisons and of the public 
buildings, institutions, offices and departments to be supplied, 
the number of prisoners and the adaptability of the manufactur- 
ing plants in such prisons and the system used therein for the 

instruction, improvement and reformation of prisoners. 

[R. S., pt. IV, chap. 3, tit. II, § 104, in part, as amended by 

L. 1889, chap. 382, and L. 1896, chap. 429. 
See " General Note " at beginning of preceding article.] 

§ 321. Disposal of manufacturing plants. — The superintendent 
may transfer industries assigned to state prisons from one prison 
to another and sell and establish plants for conducting and main- 
taining such industries. Machinery used in an industry which is 



167 
discontinued and which cannot be used in industries thereafter 
established, shall be sold for the best price obtainable, due 
notice of such sale being given to probable purchasers by adver- 
tisement or otherwise. 

[R. S., pt. IV, chap. 3, tit. II, § 104, as amended by 
L. 1889, chap. 382, and L. 1896, chap. 429. 

The present law authorizes the superintendent " to change or 
dispose of the present plants and machinery in said institutions 
now used in industries which shall be discontinued, and which 
can not be used in the industries hereafter to be carried on in 
said prisons, due effort to be made by full notice to probable 
purchasers, in case of sales of industries or machinery, to obtain 
the best price possible for the property sold, and good will of the 
business to be discontinued." This provision is of a temporary 
nature and was evidently enacted to enable the superintendent to 
change from the old contract system of prison labor to the sys- 
tem authorized by the constitution of 1895. 

It is possible that under the present system it will be necessary 
for the superintendent to discontinue industries and dispose of 
manufacturing plants. We have therefore retained the power 
contained in the present law.] 

§ 322. Purchase of machinery and supplies. — The warden of 
each state prison, with the approval of the superintendent, may 
procure and maintain machinery, tools, apparatus, and accommo- 
dations, and purchase supplies necessary for carrying on the 
trades and industries in such prison. The amount expended 
therefor shall not exceed the amount at the disposal of such 

prison for such purposes. 

[R. S., pt. IV, chap. 3, tit. II, § 113, first sentence, 

as amended by L. 1889, chap. 382. 

The provisions of the present law are as follows: 

" § 113. The agents and wardens of the state prisons with the 

approval of the superintendent of state prisons and the manager 

or other authorities by whatever name known having charge of 

the penal institutions of the state are authorized within the ap- 



1GS 

propriations which may be placed at their disposal by the state 
or by the county supporting such institutions to procure and 
maintain all necessary machinery, tools, apparatus or accommo- 
dations needful for the purpose of carrying on and conducting 
such trades and industries as may be authorized under the pro- 
visions of this act."] 

§ 323. Monthly estimates in relation to manufactures. — The 
warden of each state prison, on the first of each month, shall 
make and forward to the superintendent an estimate in detail 
of the quantity, quality and cost of materials, machinery, tools 
and other appurtenances and accommodations required for con- 
ducting the industries of the prison and the industrial training 
and education of the prisoners therein, or which should be con- 
tracted for during the next ensuing month. The superintendent 
may revise such estimate by reducing the quantity and cost or 
by changing the quality of the articles mentioned therein. He 
shall deliver the revised estimate to the state comptroller with 
his certificate annexed, to the effect that he has carefully ex- 
amined such estimate and that the articles mentioned therein 
are actually needed for the use of the prison as therein specified. 
No purchases or contracts on behalf of the state for the indus- 
trial purposes of such prison shall be made except for the articles 
contained in such estimate. 

£R. S., pt. IV, chap. 3, tit. II, §§ 112, 114, as amended by , 
L. 1889, chap. 382, and L. 1896, chap. 429, without change.] 

§ 324. Manner of purchasing materials for manufacturing pur- 
poses. — Unless the superintendent shall deem it to be for the best 

interest of the state to purchase the sarnie in Open market, mate- 



169 

rials to be used in the manufacture of (products in a state prison, 
shall be purchased under a contract executed by the warden 
thereof. No such contract shall be executed without the ap- 
proval of the superintendent. Such contract shall be let to the 
person agreeing to furnish such materials upon terms most ad- 
vantageous to the state upon his giving satisfactory security for 
the performance of such contract. 

If such materials are to be purchased under a contract, notice 
shall be given by advertisement daily for not less than two weeks 
in the state paper at Albany and in at least two newspapers pub- 
lished in the city of New York, that at a time and place therein 
specified sealed bids will be received for furnishing such mater- 
ials. Such notice shall state the kind and quantity of materials 
to be purchased, the time and place of delivery, and such other 
information as the superintendent shall deem advisable. 

All such contracts shall be in writing and signed in triplicate 
by the parties. One of such triplicates shall be retained by the 
party agreeing to furnish such materials, one shall be filed with 
the warden of the prison and one with the superintendent. If 
the superintendent deems it for the best interests of the state he 

may reject any or all bids and advertise anew. 

[R. S., pt. IV, chap. 3, tit. II, § 113, as amended by 
L. 1889, chap. 382. 

The changes made are for the most part verbal. The contract 
is to be executed in triplicate, instead of in duplicate, as provided 
by the present law. For comparison we have inserted that part 
of § 113 from which the above section is derived: 

" They shall purchase material in the manner following: All 
purchases and contracts for the material to be us?d in the manu- 



170 

faeture of goods in the state prisons and other penal institutions 
of the state shall be made by advertising for sealed proposals 
(except when in the judgment of the superintendent of state 
prisons it is for the best interest of the state to purchase the 
same in the open market). Whenever proposals for fum'shing 
materials have been solicited the parties responding to such 
solicitations shall be duly notified of the time and place of open- 
ing the bids and may be present either in person or by attorney 
and a record of each bid shall then and there be made. They 
shall advertise for said proposals or bids daily for at least two 
weeks in one newspaper published in the city of Albany and two 
newspapers published in the city of New York specifying the 
classes and quantity of material required and furnish bidders on 
demand with printed schedules giving a full description of all of 
the materials required with date and place of delivery and all 
other necessary information. The person offering to furnish said 
materials upon terms most advantageous to the state, and who 
will give satisfactory security for the performance thereof (in 
case immediate delivery is not required) shall receive the contract 
to furnish said material unless the superintendent of state 
prisons shall deem it to the best interest of the state to decline all 
proposals and advertise anew."] 

§ 325. Deposit of proceeds of labor of prisoners in banks. — The 
warden of each state prison shall deposit in a bank convenient 
thereto, designated by the comptroller, all moneys received by 
him as proceeds of the sales of articles manufactured in such 
prison and of the labor of prisoners therein. No deposit shall be 
so made, until such bank shall execute and file with the comp- 
troller a bond in a sum, upon the conditions, and with sureties 
approved by him. Such warden shall deposit such moneys at 

least once in each week to his credit as such warden. 

[R. S., pt. IV, chap. 3, tit. II, § 115, first two sentences and first 
clause of the third sentence, as amended by L. 1889, chap. 382, 
without change.] 



171 
§ 326. Weekly statement of deposits. — The warden of each 
state prison shall make a weekly statement to the comptroller 
and the superintendent, showing the amounts received and de- 
posited on account of prison industries, when, from whom and 
for what received, and the date of such deposits. Such state- 
ment shall be certified by the proper officer of the bank receiv- 
ing such deposits, and shall be verified by the oath of the warden, 
to the effect that the sum so deposited includes all the moneys 
received since the time for which the last statement was made, 
as the proceeds of the sales of articles manufactured in such 

prison and of the labor of the prisoners therein. 

[R. S., pt. IV, chap. 3, tit. II, § 115, part of third sentence, 
as amended by L. 1889, chap. 382, without change.] 

§ 327. Payment of drafts. — All moneys so deposited to the 
credit of the warden of a state prison shall be paid out upon his 
check or draft countersigned by the comptroller. The comptrol- 
ler shall not countersign such check or draft, unless it is drawn 
for the payment of an expenditure included in an estimate made 

and approved as provided in this article. 

[R. S., pt. IV, chap. 3, tit. II, § 115, fourth and fifth sentences, 
as amended by L. 1889, chap. 382, without change.] 

§ 328. Transfer of deposits to prison fund. — If the balance on 
deposit in any such bank shall, at any time, be in excess of the 
amount needed, in the opinion of the comptroller, for the indus- 
trial expenses of a state prison, he shall notify the treasurer of 
the state and such bank of such excess, and the amount thereof 



172 
shall be credited to the prison fund and shall not be thereafter 
payable by such bank, except upon the draft of the state treas- 
urer. 

Whenever the warden of a state prison has deposited to his 
credit as warden, moneys received by him as the proceeds of the 
labor of prisoners and the sales of articles manufactured by 
them, that are not required for carrying on the industries of such 
prison, the superintendent of state prisons may, with the consent 
of the comptroller, cause such moneys to be drawn from the 
banks in which they may be, and to be deposited, in such banks 

as the comptroller may designate, to the credit of the warden of 
either of the other state prisons, to be used in carrying on the 

industries in the prison of which such last-named warden is in 

charge. 

[K. S., pt. IV, chap. 3, tit. II, § 115, sixth sentence, as amended 
by L. 1889, chap. 382, is included in the first paragraph of the 
above section, without change. The last paragraph is new.] 

§ 329. Monthly statements of wardens relating to prison indus- 
tries. — The warden of each state prison shall render to the super- 
intendent on the first day of each month, a report verified by the 
oath of the warden, containing a detailed statement: 

1. Of materials, machinery or other property purchased dur- 
ing the preceding month and the amount paid therefor-. 

2. Of the amount expended for other manufacturing purposes 
during such month. 

3. Of materials then on hand to be manufactured or in process 
of manufacture and of all manufactured products. 



173 

4. Of the machinery, fixtures or other appurtenances on hand 
at such time, for the purpose of maintaining the manufacturing 
industries in such prison. 

5. Of the amount and kinds of work done and the amount of 
the earnings receivable therefor. 

6. Of the amount received by the warden as the proceeds of 

the labor of the prison during the preceding month. 

[R. S., pt. IV, chap. 3, tit. II, § 111, as amended by 
L. 1889, chap. 382, without change.] 

§ 330. Comptroller's report relating to prison industries. — The 
comptroller shall annually, in the month of January, report to the 
legislature the financial condition of the manufacturing indus- 
tries of each state prison at the close of the preceding fiscal year. 
Such report shall state the amount and value of goods manufac- 
tured, the amount and value of goods sold and paid for and the 
sums paid therefor, the amount and value of goods sold and not 
paid for and the sums due therefor, the amount and value of 
manufactured goods on hand and the amount and value of un- 
manufactured material on hand, the amount of money remaining 
on deposit in banks, such losses as may have occurred during the 
preceding fiscal year and such other information relating to the 
manufacturing industries therein, as he may deem important 
The warden of each prison shall furnish the comptroller, upon 

his request, all information necessary to prepare such report. 

[R. S., pt. IV, chap. 3, tit. II, § 115, as amended by L. 18S9, 
chap. 382, without change, except that the last sentence is new.] 



174 
§ 331. Superintendent's annual report. — The superintendent 
shall include in his annual report to the legislature a statement 
showing the proceeds of the labor of the prisoners in the several 
state prisons, and, in detail, the quantity and quality of each 
class of articles manufactured therein and of the disposition 

thereof. 

[R. S., pt. IV, chap. 3. tit. II, § 104, last sentence, as amended 
by L. 1889, chap. 382, and L. 1896, chap. 429, without change.] 

ARTICLE XVII. 

COMPENSATION OF PRISONERS IN STATE PRISONS AND 
i PENITENTIARIES. 

Section 340. Compensation of prisoners. 

341. Fines of prisoners for misconduct. 

342. Disposition of fines. 

343. Disbursement of compensation of prisoners. 

[General note.— Sections 108-110 of R. S., pt. IV, ch. 3, tit. II, 
as amended by L. 1889, chap. 382, relating to the compensation 
and fines of prisoners in state prisons and penitentiaries are in- 
cluded in this article, without change in substance.] 

§ 340. Compensation of prisoners. — A prisoner confined in a 
state prison or penitentiary under an indeterminate sentence or 
who is entitled to a commutation of his sentence for good con- 
duct, as provided in this chapter, shall be allowed compensation 
for his labor from the amounts received from the sale of articles 
manufactured in, and the employment of the prisoners of, such 
institution, by the warden or superintendent thereof. The rate 
of compensation to each prisoner shall be fixed by such warden 



175 

or superintendent. The total amount allowed to all prisoners in 
an institution shall not exceed ten per centum of the amounts so 
received. 

The rate of compensation shall be graded according to the will- 
ingness, industry and good conduct of each prisoner and the 
value of the work performed by him. A prisoner serving a life 
sentence shall be entitled to the benefit of this section, if his con- 
duct is such as would entitle another prisoner to a commutation 
of sentence. 

If a prisoner shall forfeit any of the time allowed to him as 
commutation of his sentence for good conduct, by misconduct or 
violation of the rules and regulations of the institution, there 
shall be deducted from the compensation allowed him under this 
section, the sum of fifty cents for each day so forfeited; and a 
prisoner under an indeterminate sentence shall, in like manner, 

suffer loss of compensation to the same extent. 

[R. S., pt. IV, chap. 3, tit. II, § 108, all except last sentence, 
as amended by L. 1889, chap. 382, and L. 1896, chap. 429, without 
change, except that the reference to reformatories is omitted, 
because reformatories are subject to special provisions relating 
to compensation, which in effect supersede and modify the pro- 
visions of this section.] 

§ 341. Fines of prisoners for misconduct. — The warden or super- 
intendent of a state prison or penitentiary may adopt and main- 
tain a uniform system of fines, to be imposed upon prisoners en- 
titled to compensation for their labor, for misconduct or viola- 
tion of rules and regulations, in the place of other penalties and 
punishments. The fines imposed upon a prisoner shall be de- 



176 
ducted from the compensation credited to- him on the books of the 
institution. 

[R. S., pt. IV, chap. 3, tit. II, § 108, last sentence, as amended 
by L. 1889, chap. 382, and L. 1896, chap. 429, without change.] 

§ 342. Disposition of fines. — All moneys deducted as fines from 
the compensation of prisoners confined in a state prison shall be 
credited to a special fund and shall be disbursed by direction of 
the superintendent to aid discharged prisoners who are infirm, 
indigent or unable to earn a sufficient subsistence after their 
release. The moneys so deducted from the compensation of pris- 
oners confined in a penitentiary shall be credited to a general 
fund and be disbursed as directed by the board of supervisors of 
the county wherein such penitentiary is located or, in the coun- 
ties of New York and Kings, by the commissioner of corrections 

in the city of New York. 

[R. S., pt. IV, chap. 3, tit. II, § 109, as amended by L. 1889, 
chap. 382, and L. 1896, chap. 429, without change.] 

§ 343. Disbursement of compensation of prisoners. — Upon the 
absolute discharge of a prisoner, the balance of compensation 
credited to him upon the books of the penal institution from 
which he is discharged shall be subject to his draft at his 
pleasure. Upon the parole of a prisoner from a state prison, he 
may draw the whole or a part of such balance, at the time and 
in the manner prescribed by the superintendent. If such prisoner 
is retaken because of a violation of the conditions of his parole, he 
shall thereby forfeit a part or the whole of the balance of com- 



177 

pensation credited to him. The amount so forfeited shall be dis- 
posed of as provided herein for the disposition of fines. 

The amount of the balance to the credit of such prisoner may 
be drawn by him during his imprisonment to aid his dependent 
relatives or to purchase books, instruments and instruction not 
supplied to prisoners in his grade, in such institution. Such 
amount shall not be so drawn by a prisoner confined in a state 
prison without the certified approval of the superintendent. No 
part of such amount shall be disbursed for the purchase of food, 

clothing or ornaments for such prisoner. 

[R. S., pt. IV, chap. 3, tit. II, § 110, as amended by 
L. 1889, chap. 382. 

The changes made are verbal. We have attempted to simplify 
the language, but have not intended to change the substance of 
the present law.] 

ARTICLE XVIII. 
DISCIPLINE and co:oiutations fob, good conduct. 

Section 350. Enforcement of discipline. 

351. Infliction of unusual punishments. 

352. Commutation of sentence. 

353. Rules governing commutations. 

354. Commutation boards. 

355. Monthly report of board to governor. 

356. Allowance of commutation by governor. 

357. Conditions of commutation. 

358. Report of escapes to superintendent of state prisons. 

359. Effect of escapes upon commutations. 



178 

Section 360. Commutation of prisoners transferred to the state 

hospital for insane criminals or to a reformatory. 

361. Explanation of commutation law to prisoners. 

[General note. — This article includes a revision of existing stat- 
utes relating to the discipline and commutation for good conduct 
of prisoners in state prisons and penitentiaries. The changes 
made are, for the most part, verbal and are noted at the end of 
the several sections.] 

§ 350. Enforcement of discipline. — The punishments commonly 
known as the shower bath, crucifix, and yoke and buck shall not 
be used in a state prison or penitentiary. A keeper, guard op 
other officer therein shall not inflict blows upon a prisoner, unless 
in self defence, or to suppress a revolt or insurrection. If a pris- 
oner therein offers violence to another prisoner or to an officer, or 
injures or attempts to injure the property of such an institution, 
or attempts to escape therefrom or disobeys or resists any lawful 
command of the officers thereof, all suitable means shall be used 
by such officers to defend themselves, to enforce observation of 
discipline, to secure the person of the offender, and to prevent any 

such attempt to escape. 

[R. S., pt. IV, chap. 3, tit. II, § 87, as amended by 
L. 1889, chap. 382, without change.] 

§ 351. Infliction of unusual punishments. — If the warden, su- 
perintendent, or principal keeper of such an institution deems it 
necessary, in any case, to inflict unusual punishment in order to 
produce the entire submission or obedience of a prisoner, he 
shall confine him in a cell, upon a short allowance, and detain 



179 

him therein until he shall be reduced to submission and obedience. 
The short allowance of each prisoner so confined shall be pre- 
scribed by the physician, who shall visit such prisoner daily and 
oftener if required by the warden or superintendent, and examine 
into the state of his health, until the prisoner is released from 

solitary confinement and returns to his labor. 

[R. S., pt. IV, chap. 3, tit. II, § 88, as amended by 
L. 18S9, chap. 382, without change.] 

§ 352. Commutation of sentence. — A prisoner confined in a 
state prison, or in a reformatory by virtue of a transfer thereto 
from a state prison, for a term fixed by the court imposing the 
sentence or the maximum of which is fixed by law, except for a 
term of life imprisonment, may earn a commutation or diminu- 
tion of sentence of two months for each of the first and second 
years, four months for each of the third and fourth years and five 
months for each subsequent year, and at the same rates for each 
fractional part of such years. A prisoner confined in a peniten- 
tiary under sentence for a term of six months or more, except as 
an alternative to the payment of a fine, may earn a commutation 
or diminution of sentence at the same rates. When a prisoner 
is confined upon more than one conviction, the several terms shall 
be construed as one continuous term. For the purpose of com- 
puting such commutation the term of imprisonment of each pris- 
oner shall begin upon his actual incarceration in such state 
prison or penitentiary. 

A prisoner confined in a state prison for a term, the minimum 
and maximum of which are fixed by the court imposing the sen- 



180 

tence, miay earn a like comimiutatioai or diminution of sentence 

based upon the maximum limit of such term. 

[L. 1886, chap. 21, §§ 1-3. 

Under the present law prisoners confined in penitentiaries are 
entitled to commutation of sentence, only in case of being sen- 
tenced to imprisonment for a term of one year. Commutation for 
good conduct applied to prisoners sentenced to six months or 
more would be an aid to discipline. The last sentence is new.] 

§ 353. Rules governing commutations. — The superintendent of 
state prisons shall prescribe and may modify rules governing the 
allowance or disallowance of commutation to prisoners and shall 
forward a copy of such rules and of all modifications thereof to 
the wardens and superintendents of the institutions where pris- 
oners are confined who are entitled to commutations. Such rules 
shall be strictly followed in all such institutions. A copy of 
such rules shall be furnished to each prisoner entitled to commu- 
tation, upon his reception, and every modification thereof shall 

be delivered to him as soon as it becomes operative. 

[L. 1886, chap. 21, § 6. 

Many superfluous words have been omitted, but no intended 
change has been made. 

The present law is as follows : 

" § 6. As soon as practicable after the passage of this act, the 
superintendent of state prisons shall formulate rules governing 
the allowance or disallowance of commutation to convicts for 
good conduct in prison or penitentiary which shall in all cases be 
strictly adhered to in all the prisons and penitentiaries in this 
state. These rules may be changed from time to time, if neces- 
sary, in the discretion of the superintendent of state prisons, and 
he shall immediately on their adoption, or of any changes in the 
same thereafter, cause copies of the same to be forwarded to the 
agents and wardens of all the prisons, and the wardens or super- 
intendents of all the penitentiaries in this state. A copy of these 
rules shall be furnished to every convict entitled to the benefits 
of this act."] 



181 

§ 354. Commutation boards. — There shall be a commutation 
board in each state prison and penitentiary, which, in a state 
prison, shall consist of the warden, principal keeper and physi- 
cian thereof, and, in a penitentiary, of the warden or superin- 
tendent, the deputy or principal keeper, and the physician thereof 
or of the persons acting in such capacities. Such board shall 
apply the commutation rules, and shall meet before the twentieth 
day of each month, and compute the amount of commutation of 
prisoners who would be discharged during the ensuing month if 
full commutation is allowed as fixed by this chapter, and deter- 
mine the amount which they recommend to be allowed to such 
prisoners. The board may recommend the withholding of the 
whole or a part of the allowance of commutation as a punish- 
ment for offenses against the discipline of the prison or peniten- 
tiary, in accordance with the commutation rules. 

,[L. 1886, chap. 21, § 7, without change.] 

§ 355. Monthly report of board to governor. — The commuta- 
tion board of each state prison and penitentiary shall make a 
written report, signed by the members thereof, to the governor, 
on or before the twentieth day of each month stating : 

1. The name and alias of each prisoner who would be dis- 
charged during the ensuing month, if full commutation was al- 
lowed, the amount of such commutation as fixed by this chapter, 
.and the amount recommended to be allowed. 

2. The place at which he was sentenced. 



182 

3. A brief description of the crime. 

4. The name of the court and the presiding judge thereof. 

5. The date of his sentence and reception at the state prison or 
penitentiary. \ i 

6. The term for which he was sentenced and the amount of his 
fine, if any. 

7. The date of his discharge from the prison or penitentiary, 
if the commutation is allowed. 

The form, size and arrangement of such reports shall be fixed 
by the governor. If the board shall recommend that the com- 
mutation for the good conduct of any prisoner be withheld in 
whole or in part, they shall forward with their report to the 
governor, their reasons therefor. 

[L. 1886, chap. 21, §§ 4, 8, 12, consolidated and rewritten. 

Such sections are as follows: 

" § 4. On any day not later than the twentieth day of each 
month, the agent and warden of each of the state prisons in this 
state, and the warden or superintendent of each of the peniten- 
tiaries in this state, shall forward to the governor a report, 
directed to him, of any convict or convicts who may be discharged 
the following month by reason of the commutation of his or her 
sentence or their sentences in the manner hereinafter provided, 
which may be written or printed, or partly written and partly 
printed, which shall be uniform as to size and arrangement, which 
size and arrangement shall be fixed by the governor, and shall 
contain the following information, distinctly written, namely: 
The full name of the convict, together with any alias which he 
or she may be known to have, the name of the county where the 
conviction was had, a brief description of the crime of which the 
convict was convicted, the name of the court in which the convic- 
tion was had, the name of the presiding judge, the date of sen- 
tence, the date of reception in the prison or penitentiary, the term 
and fine, the amount of commutation recommended, and the date 
for discharge from prison or penitentiary, if allowed. 



183 

" § S. In all cases, however, where the board shall recommend 
the withholding of the allowance of the whole or any part of 
commutation for good conduct, they shall forward with their 
report to the governor their reasons, in writing, for such disal- 
lowance, and the governor may, in his discretion, decrease or in- 
crease the amount of commutation as recommended by the said 
board, but he shall not increase the same beyond the amount fixed 
by this act. 

" § 12. The reports of the various boards for the determination 
of the amount of commutation for good conduct of convicts in the 
prisons and penitentiaries of this state to the governor, shall be 
personally signed by the members thereof."] 

§ 356. Allowance of commutation by governor. — Upon receipt 
of such report, the governor may allow the commutation recom- 
mended, or may increase or decrease the same within the limits 
fixed by this chapter. He shall plaice the names of the prisoners 
in the same prison or penitentiary whose terms he may deter- 
mine to commute, upon one warrant, and forward it to the war- 
den or superintendent of such prison or penitentiary. The pris- 
oners named in such warrant shall be discharged bj each such 
warden or superintendent upon the date mentioned therein, or if 

such date be Sunday or a public holiday, on the following day. 

[L. 1886, chap. 21, §§ 5, 8, 13. Consolidated without change. 

The provision authorizing the governor to increase or decrease 
the commutation is a part of the last clause of § 8. See note to 
preceding section.] 

§ 357. Conditions of commutation. — There shall be annexed 
to each such commutation of sentence by the governor a condi- 
tion to the effect, that if any such discharged prisoner is con- 
victed of a felony committed after his discharge and before the 
expiration of the full term for which he was originally sen- 



184 , 
tenced, he shall be compelled to serve that portion of his original 
term which was commuted before and in addition to the sentence 
imposed for such felony. The certificate of a warden or super- 
intendent of a prison or penitentiary, that the period of imprison- 
ment of a convict was commuted, and of the crime and length of 
term for which such commutation was granted, shall be received 
as proof of such commutation. 

The provisions of this section shall be read and fully explained 
by the clerk of the prison or penitentiary, to each convict upon 

. his discharge by reason of commutation of sentence. 

£L. 1886, chap. 21, §§ 14, 15, 17. Consolidated and rewritten 
but without change.] 

r 

§ 358. Report of escapes to superintendent of state prisons. — 
The commutation board of each state prison and penitentiary 
shall investigate each escape or attempt to escape therefrom and 
examine, under oath, all persons having knowledge of the sub- 
ject, and reduce their testimony to writing, which shall be signed 
by such persons. The board shall, at once, make a full written 
report of all the facts to the superintendent of state prisons, who 
shall determine whether an escape was made or attempted, en- 
dorse his decision upon such report and return the same to the 
warden or superintendent of the prison or penitentiary, making 
such report. Such warden or superintendent shall thereupon 
cause such report and endorsement to be recorded in a book kept 
for that purpose. 



185 

If after such decision there is reasonable ground for believing 
that injustice has been done to any prisoner, the superintendent 
of state prisons may order the warden or superintendent of a 
state prison or penitentiary to re-examine the case and make a 
new report to him. The proceedings upon such re-examination 
shall be the same as upon an original examination, and the de- 
cision of the superintendent of state prisons shall be rendered in 
the same manner. 

The provisions of this section do not apply to the escape or at- 
tempted escape of a prisoner who is not entitled to a commuta- 
tion of his sentence for good conduct, as prescribed in this article. 

TL. 18S6, chap. 21, § 10, rewritten but without intended change 
in substance. We have inserted such § 10 for comparison: 

" § 10. The board hereinbefore provided for to fix the amount 
of commutation for good conduct shall, immediately on the escape 
or attempt to escape of any convict, meet and proceed to investi- 
gate the said escape or attempt to escape, reduce the testimony 
of all persons having knowledge on the subject to writing, cause 
the said persons to affix their signature thereto and make oath to 
the same before any one of the members of said board, who is 
hereby authorized and empowered to administer such oath, and 
false swearing on such examination or in such statement shall be 
perjury. The said board shall thereupon make a full report in 
writing, and immediately forward the same to the superintendent 
of state prisons, who shall thereupon determine whether an 
escape or attempt to escape was committed, make an indorsement, 
in writing, of his decision, and return the same to the agent and 
warden of the state prison, or the warden or superintendent of 
the penitentiary where the escape or attempt to escape shall have 
occurred, where the same shall be recorded in a book to be kept 
for that purpose. But, if from newly-discovered evidence, or 
other just cause, there is reasonable ground to believe that an 
injustice has been done to any convict in his or her halving been 
adjudged to have escaped or attempted to have escaped, the 
superintendent of state prisons may, in his discretion, make an 



186 

order in writing directed to the agent and warden of the state 
prison or the warden or superintendent of the penitentiary from 
which such convict was adjudged to have escaped or attempted 
to have escaped, requiring that a re-examination of the former 
adjudication be had, and upon a report to him of such re-exami- 
nation, he shall proceed to render a decision upon the same. And 
the proceedings on such re-examination, the decision and the 
proceedings had thereunder, shall in all respects be conducted in 
the manner above set forth in this section as upon a first heat- 
ing in the matter of an escape or attempt to escape. But the pro- 
visions of this section shall not apply to the case of any convict, 
the length of whose term or terms is less than one year."] 

§ 359. Effect of escape upon commutations. — A prisoner Herr- 
ing a term or terms, the whole of which is less than four years, 
who escapes or attempts to escape, forfeits all commutation for 
good conduct. If the whole of such term or terms exceeds four 
years he forfeits for the first escape or attempt to escape, one- 
half of such commutation and for the second escape or attempt 

to escape, the whole thereof. 

£ L. 1886, chap. 21, § 9, rewritten without change.] 

§ 360. Commutation of prisoners transferred to the state hos- 
pital for insane criminals or to a reformatory. — A prisoner enti- 
tled to commutation of his sentence for good conduct who has 
been transferred to a hospital for insane criminals or convicts or 
to a state reformatory, pursuant to law, shall be entitled to such 
commutation notwithstanding such transfer. The medical super- 
intendent of such hospital and the superintendent of such reform- 
atory shall perform the duties of a commutation board for such 
hospital or reformatory, in respect to the prisoner so transferred, 
as provided in this article. All the provisions of this article re- 



187 
lating to commutation of sentences shall apply to a prisoner 

bo transferred. 

[L. 1886, chap. 21, §§ IS, 19, consolidated without change, ex- 
cept in language. 

Such sections are as follows: 

" § IS. The provisions of this act shall apply to any convict who 
may have been transferred to the state asylum for insane crimi- 
nals from either of the prisons or penitentiaries, or from any re- 
formatory of this state to which he or she may have been trans- 
ferred from any of the prisons or penitentiaries of this state 
whose sentence or sentences aggregates or aggregate not less 
than one year. And the medical superintendent of the state 
asylum for insane criminals may and shall perform any of the 
acts which may or shall be done by any board mentioned in this 
act. 

" § 19. The provisions of this act shall apply to any convict 
who may have been transferred from either of the prisons or peni- 
tentiaries to any reformatory of this state whose sentence or sen- 
tences equals or equal not less than one year. And the superin- 
tendent or chief officer of any reformatory in this state in which 
any convict may be transferred as aforesaid, may and shall per- 
form any of the acts which may or shall be done by any board 
mentioned in this act."] 

§ 361. Explanation of commutation law to prisoners. — Upon 
the reception within a prison or penitentiary of a prisoner en- 
titled to commutation of his sentence for good conduct, the clerk 
of the prison or penitentiary shall read and fully explain to him 

the provisions of this article relating to commutations. 
[L. 1886, chap. 21, § 16, without change.] 

ARTICLE XIX. 
REPRIEVES, COMMUTATIONS AND PARDONS BY THE GOV- 
ERNOR. 

Section 370. Applications for reprieves, commutations and pap- 
dons. 



188 
Section 371. Judge or district attorney to furnish facts. 

372. Appointment of person to hear application. 

373. Subpoenas for attendance of witnesses. 

374. Examination of witnesses. 

375. Disbursements. 

[General note. — The state constitution, article 4, § 5, authorizes 
the governor to grant reprieves, commutations and pardons. 
Existing statutes relating to the exercise of this power are in- 
cluded in this article. It is proposed to repeal §§ 692-695 of 
the code of criminal procedure. Section 695 is contained in § 371 
of this article. Sections 692-694 are not re-enacted as they are a 
repetition of the provisions of the constitution above referred to.] 

§ 370. Applications for reprieves, commutations and pardons. — 
Reprieves, commutations other than those fixed by the preceding 
article, and pardons after conviction may be granted by the gov- 
ernor upon applications being made therefor in the form and 

manner prescribed by him. 

.[This section is new. See state constitution, art. IV, § 5.] 

§ 371. Judge or district attorney to furnish facts. — When appli- 
cation is made to the governor for such pardon, commutation or 
reprieve, the presiding judge of the court before whom the con- 
viction was had, the district attorney conducting the prosecution, 
or the district attorney of the county where the conviction was 
had, in office at the time the application is made, shall without 
delay supply the governor, at his request, with a statement of the 
facts proved on the trial, or, if a trial was not had, of the facts 
presented to the grand jury which found the indictment, and of 



189 

any other facts relating to the propriety of granting or refusing 

each pardon, commutation or reprieve. 

[Code Crim. Pro., § G95, without change.] 

§ 372. Appointment of person to hear application. — The gov- 
ernor may appoint a person as a commissioner to conduct a hear- 
ing in a matter pertaining to an application for a pardon, com- 
mutation or reprieve. Such commissioner shall receive as com- 
pensation not exceeding ten dollars for each day's actual service. 
Upon the conclusion of such hearing he shall forward to the 

governor the testimony taken before him. 

[L. 1887, chap. 213, first two sentences of § 2, without change.] 

§ 373. Subpoenas for attendance of witnesses. — In a hearing 
upon an application for a pardon, commutation or reprieve, the 
governor may issue a subpoena or a subpoena duces tecum, to 
compel the attendance of a witness or the production of neces- 
sary books, papers and writings before him or a commissioner 
appointed by him, at a time and place designated therein. Such 
a subpoena shall be signed by the governor's private secretary 
and attested with the privy seal of the state and may be served 
by any person authorized to serve subpoenas in civil or criminal 

actions. 

[The present law (L. 1887, chap. 213, § 1), authorizes the gov- 
ernor to issue a subpoena to compel the attendance of a witness, 
expressed in different language but with the same effect as the 
first sentence of the above section. The last sentence of the pro- 
posed section is derived from the first sentence of § 4 of such act.] 

§ 374. Examination of witnesses. — The governor or the com- 
missioner appointed by him may examine witnesses on a hearing 



190 

of any such application and may administer oaths to such wit- 
nesses for the purpose of such examination. 

The provisions of the code of civil procedure relating to com- 
pelling the attendance and testimony of a witness are applicable 
to a hearing in a matter pertaining to an application for a par- 
don, commutation or reprieve. 

[Sections 3 and 5 of L. 1887, chap. 213, are to be superseded by 
this section. 

'Sections 852-869 of the code of civil procedure relate to com- 
pelling the attendance of witnesses and provide for conducting 
the examination. These sections are applicable to proceedings 
under this article. It is, therefore, unnecessary to re-enact §§3 
and 5 of such act.] 

§ 375. Disbursements. — The disbursements necessarily made 
in conducting a hearing on an application for a pardon, commu- 
tation or reprieve shall be paid upon the approval of the private 

secretary, out of moneys appropriated for such purposes. 
[L. 1887, chap. 213, § 6, without change.] 

ARTICLE XX. 

MISCEI/LANEOTrS PROVISIONS. 

Section 380. United States prisoners. 

381. Expenses of trial of prisoners indicted for offenses 

in state prisons and reformatories. 

382. Identification of criminals. 

383. Freedom of worship. 

384. Interference with prisoners outside of prison walls; 

powers of officers to arrest. 

385. Who may visit penal institutions. 



191 

§ 380. United States prisoners. — Prisoners convicted in the 
courts of another state or in the courts of the United States, 
held without the state, shall not be received in any penal institu- 
tion of this state. Prisoners convicted in United States courts 
held within this state and sentenced for a term of one year or 
more may be received in state prisons and reformatories and 
maintained and confined therein at the expense of the United 
States under contracts made with the proper authorities and 
approved by the superintendent of state prisons. Such prisoner! 
shall not be received in penitentiaries and county jails. 

All such prisoners confined in state prisons and reformatories, 
shall be subject to the provisions of this chapter and the rules 
and regulations of the institutions in which they are confined, 
in the same manner and to the same extent as prisoners con- 
victed in the courts of this state. 

[R. S., pt. IV, chap. 3, tit. II, § 116, as amended by 

L. 1889, chap. 382, and L. 1896, chap. 429. 
The changes made are verbal. 
The last sentence is new.] 

§ 381. Expenses of trial of prisoners indicted for offenses in 
state prisons and reformatories. — The costs and expenses of the 
trial of a prisoner indicted and tried for an offense committed 
while confined in a state prison or reformatory shall be paid by 
the state. The district attorney of the county in which such 
trial is had shall make and forward to the state comptroller, a de- 
tailed statement, under oath, of the necessary costs and expenses 
incurred on account of such trial, including the expenses incurred 



192 

in procuring witnesses to attend before the grand jury and at 
the trial of the indictment and the amount paid petit jurors for 
the time occupied by such trial. The comptroller and attorney- 
general shall examine such statement and strike therefrom all 
items which are not chargeable to the state under the provisions 
of this section. The comptroller shall draw his warrant for the 
amount specified in the statement so corrected in favor of the 
treasurer of the county wherein such prisoner was indicted and 
tried, which shall be paid by the state treasurer out of any 

moneys in the treasury available for such purpose. 
[L. 1882, chap. 389, without change.] 

§ 382. Identification of criminals. — All prisoners received in a 
state prison, reformatory or penitentiary, except tramps and 
those convicted of vagrancy, drunkenness, disorderly conduct 
and assault in the third degree, shall be measured and described 
in accordance with the system commonly known as the Bertillon 
method for the identification of criminals. The superintendent 
of state prisons shall designate officers of state prisons, reforma- 
tories and penitentiaries to make such measurements. He shall 
prescribe the manner of applying such method of identification 
and shall make rules and regulations for keeping accurate re- 
cords of such measurements, and for classifying and indexing the 
same. Duplicate records of such measurements shall be taken 
in the manner prescribed by the superintendent of state prisons, 
one of which shall be retained in the office of the warden or super- 
intendent of such state prison, reformatory or penitentiary and 



193 

the other shall be transmitted to the superintendent of state 
prisons to be filed, indexed and classified in his office. 

The warden or superintendent of each such state prison, re- 
formatory or penitentiary shall compel a compliance with the 
provisions of this section and the rules and regulations of the 
superintendent of state prisons relating to the Bertillon system 
of identification on the part of the officers of such institutions 
designated by the superintendent to perform duties relating 
thereto. 

The necessary expenses incurred by the superintendent of state 
prisons in carrying out the provisions of this section, shall be 
paid by the state treasurer on the warrant of the comptroller 
and upon bills approved by such superintendent, out of moneya 
appropriated for the maintenance and support of the state 
prisons, but the amount paid therefor shall not exceed the sum 

of fifteen hundred dollars per annum. J 

[L. 1896, chap. 440, re-written but without material change, 
except that it is proposed to except tramps and those convicted 
of vagrancy, drunkenness, disorderly conduct and assault in the 
third degree.] 

§ 383. Freedom of worship. — Prisoners confined in penal in- 
stitutions are entitled to the free exercise and enjoyment of re- 
ligious profession and worship, without discrimination or prefer- 
ence. The rules and regulations of such institutions shall pro- 
vide for conducting religious services on Sunday and allow pri- 
vate ministration to the prisoners therein in such manner as will 



194 

best promote and preserve such right. Such prisoners shall be 
allowed such religious services and spiritual advice and minis- 
tration from a recognized clergyman of the denomination or 
church which such prisoners may respectively prefer, or to which 
they may have belonged prior to their being confined in such in- 
stitutions. 

If the provisions of this section are violated in a penal institu- 
tion, the supreme court of the district where such institution is 
situated may, upon the application of any person feeling himself 
aggrieved and with at least ten days' notice to the warden, super- 
intendent or keeper of such institution, order a compliance with 

such provisions. 

[L. 1892, chap. 396, so far as it relates to penal institutions 
is included in this section. It is not proposed to repeal such 
act.] 

§ 384. Interference with prisoners outside of prison walls; 
powers of officers to arrest. — No person shall interfere with or 
interrupt the work of a prisoner of a penal institution while em- 
ployed without the walls thereof, or give or attempt to give in- 
toxicating liquors, beer, ale or any spirituous beverages or any 
other thing to any such prisoner. No person shall com- 
municate or attempt to communicate with a prisoner while in 
the custody of an officer of a penal institution outside of the 
walls thereof without the consent of such officer, or interfere 
with, disturb or harass any such officer or prisoner. A person 
violating the provisions of this section is guilty of a misde- 
meanor. An officer having charge of a prisoner outside of the 



195 

walls of a penal institution may arrest without a warrant a per- 
son committing any such violation in his presence. 

[New, except as applied to prisoners employed on the public 
highway. See L. 1894, chap. 266, § 5.] 

§ 385. Who may visit penal institutions. — The following per- 
sons may visit at pleasure all penal institutions: the governor 
and lieutenant-governor, secretary of state, comptroller and at- 
torney-general, members of the legislature, judges of the court of 
appeals, justices of the supreme court and county judges, dis- 
trict attorneys and every minister of the gospel having charge of 
a congregation in the city or town in which such penal institu- 
tion is located. No other person not otherwise authorized by law 
shall be permitted to enter the rooms of a county jail in which 
convicts are confined, except under regulations prescribed by the 
sheriff of the county, or into a penitentiary or state reformatory 
except under regulations prescribed by the managers or super- 
intendent thereof, or into a state prison except under regula- 
tions prescribed by the superintendent of state prisons. 

[K. S., pt. IV, chap. 3, tit. Ill, § 159, without change. 
See County Law, § 103.] 

ARTICLE XXI. ! 

STATE COMMISSION OF PRISONS. 

Section 390. State commission of prisons; appointment, terms of 
office and compensation of commissioners. 
391. Officers and clerical force of commission; compen- 
sation. ! 



196 

Section 392. Official seal; meetings of commission. 

393. General powers and duties of the commission. 

394. Visitation and inspection of penal institutions. 

395. Orders and recommendations of commission after 

investigation. 

396. Repairs and improvements of county jails and peni- 

tentiaries may be directed by the commission. 

397. Annual reports of penal institutions. 

398. Annual report of commission. 

[General note. — Chapter 1026 of L. 1895, and the acts amenda- 
tory thereof, are included in this article. The changes made are 
noted at the end of the sections. It is proposed to extend the 
powers of the commission so that they may enforce their orders 
and recommendations as to penitentiaries and jails.] 

§ 390. State commission of prisons; appointment, terms of 
office and compensation of commissioners. — There shall continue 
to (be a state commisision of prisonis. It shall consist of eight 
members, appointed by the governor, by and with the advice and 
consent of the senate, one from and to reside in each judicial dis- 
trict of the state. They shall be known as commissioners of 
prisons and shall hold office for a term of eight years. The com- 
missioners in office when this chapter takes effect, shall continue 
in office for the terms for which they were respectively appointed. 

When the term of office of a commissioner expires at a time 
other than the last day of December, the term of office of his suc- 
cessor is abridged so as to expire on the last day of December, 
preceding the time when such term would otherwise expire, and 



197 

the term of office of each commissioner thereafter appointed shall 
begin on the first day of January. 

Each of such commissioners shall receive as compensation for 
his time and services the sum of ten dollars per day, for the time 
actually employed in attending meetings of the commission, and 
in the performance of official duties by authority or direction of 
the commission. But the amount paid annually to the members 
of such commission as compensation shall not exceed the sum of 
eight thousand dollars. The actual and necessary expenses of 
each commissioner while engaged in the performance of official 
duties shall be paid quarterly by the treasurer on the warrant of 

the comptroller. 

[L. 1895, chap. 1026, §§ 1, 8. 

Section one of this act specifies the terms of the commissioners 
first appointed. We have omitted this provision and provided 
that the commissioners in office when this chapter takes effect 
shall continue in office for the terms for which they were re- 
spectively appointed. This does not alter the terms of office of 
the commissioners. The provision abridging the terms of the 
commissioners appointed to succeed those now in office is new 
and is inserted so that the time for beginning such terms will be 
uniform with each other and with those of other state commis- 
sions and boards. Except as above specified it is proposed to re- 
enact the former law without material change.] 

§ 391. Officers and clerical force of commission; compensa- 
tion. — The commission shall annually elect from its members a 
president. It shall annually elect a secretary and may 
appoint and remove at pleasure a clerk, at an annual salary 
of one thousand five hundred dollars, a stenographer and 



198 
a general office assistant, at an annual salary of one thousand 
dollars each. The secretary shall keep a record of the proceed- 
ings of the commission and perform such duties as are required 
of him by the commission and by law. He shall receive an an- 
nual salary of three thousand dollars. Such commission may ap- 
point inspectors to visit and inspect penal institutions, prescribe 

their duties and fix their compensation. 

[L. 1895, chap. 1026, § 4, all except last clause, without change. 
The last sentence of the proposed section is new.] 

§ 392. Official seal; meetings of commission. — The commission 

may have an official seal. Every process, order or other papei? 

issued or executed by the commission, may, by its direction, be 

attested under its seal, by its secretary or by any of its members, 

and when so attested shall be deemed to be duly executed by the 

commission. The commission shall meet at least once in three 

months in its office in the city of Albany. The trustees of public 

buildings shall set apart suitably furnished rooms for the use of 

the commission in the state hall or capitol at Albany. 

,[The first sentence is derived from L. 1895, chap. 1026, § 1, last 
sentence. The second sentence is new. The remainder of the 
section is a proposed re-enactment of L. 1895, chap. 1026, § 3.] 

§ 393. General powers and duties of the commission. — The com- 
mission shall: 

1. Make rules and regulations for its meetings, the transaction 
of its business, and as to the manner of making reports and pre- 
senting other matters to it. 

2, Visit and inspect all ppnal institutions. 



199 

3. Secure the just, humane and economic administration of all 
such institutions, except state prisons. 

4. Secure the erection of suitable buildings for the use of such 
institutions, except state prisons, and approve or reject plans for 
their construction or improvement. 

5. Investigate the management of all such institutions, and the 
conduct and efficiency of the officers charged with such manage- 
ment. 

6. Examine into the sanitary condition of the buildings and sur- 
roundings of such institutions, and recommend such changes as 
are required to protect and preserve the health of the inmates. 

7. Collect statistics and other information in respect to the 
property, receipts and expenditures of such institutions and the 
number and condition of the inmates thereof. 

8. Make and enforce uniform rules and regulations applicable 
to all county jails and penitentiaries, in respect to the separation, 
labor, treatment and discipline of prisoners confined therein, 
which rules and regulations shall be printed and distributed to 
the managers, officers and keepers of such penitentiaries and jails. 

9. Ascertain and recommend a system for employing such in- 
mates, which, in the opinion of the commission, may be for the 
best interests of the public and not in conflict with the provisions 

of the constitution relating to the employment of prisoners. 

[L. 1895, chap. 1026, § 2, and last clause of § 4. Arranged in 
subdivisions. Under the present law the commission is author- 
ized to " aid in securing the just, humane and economic adminis- 
tration of all institutions subject to its inspection: to aid in 



200 

securing the erection of suitable buildings for the use of such 
institutions/' etc. 

Subdivisions 3 and 4 of the proposed section make the duty of 
the commission to secure such results. 

Subdivision 8 is new. It is inserted for the purpose of 
authorizing the commission to provide for a uniform system of 
treatment of prisoners confined in county jails and penitentiaries. 
The law specifies in detail what may and what may not be done 
with such prisoners, but there is no power imposed on any board 
to enforce such provisions. It is suggested that our county jail 
and penitentiary systems will be benefited by imposing this duty 
upon the prison commission and by giving them ample power to 
enforce such provisions and the rules and regulations formulated 
by them, relating thereto.] 

§ 394. Visitation and inspection of penal institutions. — All 
penal institutions are subject to the visitation and inspection of 
the commission and of its members, and its secretary and inspec- 
tors when authorized by such commission. The commission, or 
any member thereof, may take proof and hear testimony relating 
to any matter before it, or before such member, upon any such 
visit or inspection. 

Such commission, any of its members, and its secretary and in- 
spectors, when so authorized shall have full access to the grounds, 
buildings, books and papers of all such institutions, may question 
all inmates thereof and require information necessary for the use 
of the commission from the officers and persons in charge. Such 
commission may prepare regulations according to which, and pro- 
vide blanks and forms upon which, the information required by 
it shall be furnished in a clear, uniform and prompt manner. 

The commission may direct an investigation of the affairs and 
management of a penal institution or of the conduct of the officers 



201 

and employes thereof, by one or more of its members. The 
member or members designated to make such investigation may 
issue subpoenas for the attendance of witnesses and the produc- 
tion of papers, administer oaths and examine persons under oath, 
and exercise the same powers in respect to such investigation as 
belong to referees appointed by the supreme court. 

Any warden, superintendent, officer or employe of a penal in- 
stitution who refuses to admit such commission, any of its mem- 
bers, or its secretary or other authorized inspector, for the pur- 
pose of visitation or inspection, or refuses or neglects to furnish 
the information required by such commission, any member there- 
of, or its secretary, shall be guilty of a misdemeanor, and subject 

to a fine of one hundred dollars for each such refusal or neglect. 
[L. 1895, chap. 1026, §§ 5 and 7, without change.] 

§ 395. Orders and recommendations of commission after inves- 
tigation. — If, upon an investigation into the affairs and 
management of a state reformatory, jail, penitentiary, or 
other county prison, or by visitation and inspection there- 
of, it shall be ascertained that the laws relating to its 
management and affairs, and the care, treatment and discip- 
line of its inmates, or the rules and regulations of the commission 
applicable thereto, are being violated, or if it appears that the 
affairs thereof are being mismanaged, or that its inmates are 
cruelly, negligently or improperly treated, or inadequate provis- 
ions are made for their sustenance, care, supervision or other con- 



202 

dition proper for their well-being, the commission may direct the 
board, superintendent, warden or other officer having charge of 
any such institution to comply with the law or rules or regu- 
lations alleged to have been violated, and to modify the treatment 
complained of, to change the method of management, or to apply 
a remedy as specified by them. 

If such direction be not followed, an order to the same effect 
may be issued, signed and attested by the president and secretary 
of the commission. An application may be made for the approval 
of such order, to a justice of the supreme court of the judicial dis- 
trict in which the institution complained of is situated, after at 
least five days' notice to the officer or board having charge of such 
institution, of the time and place of making such application. 

Such order, if reasonable, shall be approved by such justice and 
when so approved shall be served upon the board, superintendent, 
warden or other officer having charge of such institution, and a 
failure to comply with the terms of such order shall be a contempt 

of court and punished as such. 

[This section is new. It provides for the enforcement of the 
provisions of this chapter and the rules, regulations and orders of 
the commission by an order of the supreme court. It is provided 
in § 7 of L. 1895, chap. 1026, that the rights and powers of the 
commission conferred by such act may be enforced " by an order 
of the supreme court."] 

§ 396. Repairs and improvements of county jails and peniten- 
tiaries may be directed by the commission. — If a county jail or 
penitentiary is: 



203 

1. Not of sufficient size to accommodate the prisoners usually 
committed thereto; or 

2. A proper system of ventilation or sanitation is not pro- 
vided therefor; or 

3. Suitable bathing facilities are not furnished to the inmates 
thereof; op 

4. Adequate means are not provided for a separation of pris- 
oners therein as provided by law; or 

5. Any other conditions exist which are liable to affect the 
health and morals of the prisoners confined therein, 

The commission may issue a notice, signed and attested by its 
president and secretary, specifying the defects complained of, 
in the construction of such jail or penitentiary and requiring the 
board of supervisors or other authorities, whose duty it is to 
provide for the improvement or repair thereof, to remedy such 
defects within a reasonable time specified in such notice. 
If such jail or penitentiary is located in a county 
outside of the city of New York, such notice shall be 
served personally or by mail upon the chairman of the board 
of supervisors of such county within five days after the board 
meets in annual session. If such jail or penitentiary is located 
in the city of New York, such notice shall be served on or be- 
fore the first of October in any year, upon the mayor, as pre- 
siding officer of the board of estimate and apportionment; if the 
board of supervisors of a county outside of the city of New York, 
or the board of estimate and apportionment and the municipal 
assembly in the city of New York, shall fail to comply with the 



204 
requirements of such notice within the time therein specified, 
the commission may make an application to the supreme court 
at a special term thereof, within the judicial district wherein 
such jail or penitentiary is located, for an order directing the 
sheriff or other officer or board having charge of such jail or 
penitentiary to remedy the defects set forth and complained 
of in such notice. Notice of such application shall be served 
upon the officers served with the original notice and upon such 
sheriff oir other officer or board. 

If it shall appear upon the hearing of such application that 
defects exist in such jail or penitentiary which should be reme- 
died, the court shall issue its order directing the sheriff or other 
officer or board having charge of such jail or penitentiary to 
remedy such defects in the manner and within the time pre- 
scribed in such order. Such order shall limit the cost of the 
alterations, repairs or improvements required to be made thereby. 
Such sheriff or other board or officer shall thereupon cause such 
alterations, repairs and improvements to be made, and the ex- 
pense thereof shall be a charge upon the county or city liable 

for the support and maintenance of such jail or penitentiary. 
[This section is new.] 

§ 397. Annual reports of penal institutions. — The warden, 
superintendent, keeper or other officer having charge of a penal 
institution shall, on or before the first day of November in each 
year, report to the commission of prisons: 

1. The number of persons confined in the institution under 
his charge on the preceding first day of October, who are charged 



205 
with crime and awaiting trial or the action of a grand jury, and 
the nature of the crime charged. 

2. The number of persons confined therein at such time con- 
victed of crime, and the nature of the crime. 

3. The number of persons detained therein at such time as wit- 
nesses and as debtors. 

4. The term of sentence of each person detained or confined 
therein during the year ending on the preceding first day of 
October. 

5. The number of persons admitted during such year and the 
crime for which admitted. 

6. The number of discharges and deaths during such year. 

7. Such other facts and information as the commission may 
require. 

Such report shall be in the form prescribed by the commission. 

[L. 1895, chap. 1026, § 6, rearranged in subdivisions but with- 
out change.] 

§ 398. Annual report of commission. — The commission shall 
annually, in the month of January, make a report to the legis- 
lature, stating in detail the result of its work during the pre- 
ceding year, and containing such information relating to penal 
institutions as it may deem proper. It may, in such report, 
recommend such changes in the laws as may appear to be to the 
best interests of such institutions and of the prison system of 

the state. 

f L. 1895, chap. 1026, § 5, last sentence. 

The last sentence of the proposed section is new.] 



206 
ARTICLE XXII. 
LAWS REPEALED; WHEN* TO TAKE EFFECT. 
Section 400. Laws repealed. 

401. When to take effect. 

Section 400. Laws repealed. — Of the laws enumerated in the 
schedule hereto annexed, that portion specified in the third col- 
umn thereof is repealed. 

§ 401. When to take effect. — This chapter shall take effect on 

the first day of October, eighteen hundred and ninety-nine. 

SCHEDULE OF LAWS REPEALED. 
Revised Statutes. Sections. Subject matter. 

Ft. IV., ch. 3, tit. II All, ex- 
cept §74 Relating to state prisons. 

1840, ch. 25 All Payment to sheriffs for 

transportation of pris- 

| oners. 

1847, ch. 460 All, ex- 
cept §74 General Prison Law. Su- 
perceding R. S., pt. IV, 
ch. Ill, all. 

1847, ch. 497 All Accounts for transporta- 

tion of prisoners. 

1848, ch. 294 All Amends L. 1847, ch. 460, 

§99. 

1849, ch. 331 All Amends L. 1847, ch. 460, 

§23. 

1854, ch. 240 All Amends L. 1847, ch. 460, 

§ 48, sub. 1, § 57, sub. 5. 



207 

Laws of Section. Subject matter. 

1855, ch. 456 All Amends L. 1847, ch. 460, 

§96. 

1855, ch. 552 All ... . Amends L. 1847, eh. 460, 

§ 34, sub. 5; § 58; § 66, 
subs. 3 and 6; § 83. 

1856, ch. 158 All Sentence of persons be- 

tween 16 and 21 years. 

1857, ch. 94 All. . . . Amends L. 1847, ch. 460, 

§65. 
1857, ch. 144 All .... Insane criminals. 

1859, ch. 289 All Contracts with counties 

for support of prison- 
ers in penitentiaries. 

1860, ch. 399 All ... . Amends L. 1847, ch. 460, 

§§ 35, 36, 37, 48, subs. 
6 and 9; §§50, 109, 156. 

1862, ch. 417 All Commutations ; records 

of prisoners. 

1863, ch. 291 All .... Clinton prison, appropri- 

ation of certain waters 
for use of. 

1863, ch. 415 All Amends L. 1862, ch. 417, 

§§ 1, 2, 4, 5. 

1865, ch. 584 All.... Females in peniten- 
tiaries. 



203 

Laws of Section. Subject matter. 

1866, ch. 667 All L. amends L. 1865, ch. 

584, §4. §§ 2, 3, cloth- 
ing to prisoners dis- 
charged from peniten- 
tiaries. 

1868, ch. 599 All Disinfectants for prisons, 

1869, ch. 574 All §§ 1, 2. Females in Syra- 

cuse penitentiary. §§ 3- 
7. Convicts in peni- 
tentiaries; clothing to 
discharged convicts. 

1869, ch. 841 All Removal of convicts 

from Sing Sing to Al- 
bany penitentiary. 

1872, ch. 782 All. . . . Amends L. 1847, ch. 460, 

§133. 

1874, ch. 209 All ... . Amends L. 1859, ch. 289, 

§§ 1, 2, 3. 

1874, ch. 247 All Maintenance of prison- 
ers in Onondaga and 
Kings county peniten- 
tiaries. 

1874, ch. 451 All. . . . Amends L. 1847, ch. 460, 

§ 34, subs. 1, 15; §§ 40, 
48, sub. 10; §§ 61, 64, 
69, 74, 77, 1099. 



Laws of Section. Subject matter. 

1875, ch. 25 All. . . . Labor of prisoners in 

penitentiaries. 

1875, ch. 251 All Contracts for support 

of civil prisoners. 

1875, ch. 529 All Sentences to peniten- 
tiaries in Kings connty. 

1 875, ch. 571 All Confinement of felons in 

penitentiaries. 

1876, ch. 108 §§ 1,2. . Amends L. 1859, ch. 289, 

S§ 2, 3. • 

1877, ch. 172 All Transfer of female pris- 

oners to penitentiaries. 

1879, ch. 471 All Payments to felons dis- 

charged from peniten- 
tiaries. 

1880, ch. 374 All Warden of Clinton prison 

to make certain con- 
tracts. 

1880, ch. 416 All ... . Amends L. 1847, ch. 360, 

§§ 150, 151. 

1882, ch. 389 All Expenses of trial of pris- 
oners in state prison* 
and reformatories. 

1884, ch. 21 All Convict labor. 

1885, ch. 261 All Management of Albany 

penitentiary. 



210 

Laws of Section. Subject matter. 

1886, ch. 21 All Commutations. 

1887, ch. 711 All, ex- 

cept §§7 

and 9 . . Elmira state reforma- 
tory. 

1888, ch. 440 All.... Amended L. 1847, ch. 

460, § 43. 

1889, ch. 36 All. . . . Apparatus for execution 

of convicted criminals. 

1889, ch. 382 All, ex- 

cept §74 Amends L. 1847, ch, 460. 

1890, ch. 395 All. . . . Added § 116 to L. 1889, 

oh. 382. 

1890, ch. 559 All. . . . Added § 117 to L. 1889, 

ch. 382. 

1891, ch. 115 All ... . Amends L. 1885, ch. 490, 

§1. 

1892, ch. 130 All ... . Amendo L. 1889, ch. 382, 

§ 116, as added by L. 
1890, ch. 395. 

1892, ch. 587 All ... . Amends L. 1869, ch. 574, 

§3. 

1892, ch. 686 §§ 90- 

103,183 County law; jails. 

1893, ch. 114 All ... . Amends L. 1869, ch. 574, 

§3. 



211 

Laws of Section. Subject matter. 

1893, ch. 306 All. . . . State prison for women. 

1893, ch. 386 All Sale of damaged goods. 

1894, ch. 208 All ... . Amends L. 1847, ch. 460, 

§67. 
1894, ch. 266 All Employment of prisoners 

in state prisons on 

highways. 
1894, ch. 465 All ... . Amends L. 1847, ch. 460, 

J65. 
1894, ch. 664 All. . . . Added § 5 to L. 1894, ch, 



1894, ch. 737 All .... Manufacture of brooms 

in penal institutions. 

1895, ch. 372 All ... . Amends L. 1875, ch. 571, 

§§ % 3. 
1895, ch. 473 All. . . . Amends L. 1847, ch. 460, 

I 107. 
1895, ch. 730 All ... . Amends L. 1847, ch. 460, 

S 34. 
1895, ch. 761 All ... . Amends L. 1885, ch. 261, 

1895, ch. 1026 All State commission of 

prisons; powers and 
duties. 

1896, ch. 429 All Amends L. 1847, ch. 460, 

§§ 97-109, 112, 114, 116. 



212 

Laws of Section. Subject matter. 

1896, ch. 430 All ... . Amends L. 1895, ch. 1026, 

S§ ±> 7a, 8. 

1896, ch. 440 All Bertillon system of 

measurements. 

1896, ch. 826 All Amends County Law, 

§93. 

1897, ch. 216 All ... . Amends L. 1847, ch. 460, 

§67. 

1897, ch. 623 All ... . Amends L. 1847, ch. 460, 

§107. 

Code Civil Procedure 110-119. Commitment and mainte- 
nance of civil prison- 

| era. 

Code Civil Procedure 120-134. Jails and jail discipline. 

Code Civil Procedure 135-144. Temporary jails and tem- 
porary removal of pris- 
oners from jails. 

Code Civil Procedure 145-159. Jail liberties and escapes. 

Code Civil Procedure 160-171. Liability for escape from 

jail liberties. 

Code Civil Procedure 182,183, 

185,187- 

189.... Duties of incoming and 
outgoing sheriffs as to 
prisoners. 



213 

Laws of Section. Subject matter. 

Code Criminal Procedure. . 505-509. Execution of death pen- 
alty. 

Code Criminal Procedure. . 692-695. Reprieves, commutations 

and pardons by the 
governor. 
54 



Penal Code Amendments, Relative to the Sen- 
tencing of Convicts to State Prisons, 
Reformatories and Penitentiaries. 



[Note. — The following amendments to the Penal Code are submitted in con- 
nection with the foregoing draft of the Prison law. The principal changes sug- 
gested are based upon the proposed adoption of an indeterminate sentence, the 
maximum or minimum of which are to be fixed by the committing magistrates 
within the limits prescribed by statute. If a person is convicted of a minor 
felony and it appears to the magistrate that the person should be given the priv- 
ilege of earning his release, he may impose a sentence with a low minimum. If 
the crime is a serious one, the minimum may be fixed so near the maximum that 
the prismer will not receive the benefit of a parole. 

The new matter is indicated by underlining and the omitted matter is in 
brackets.] 



AN ACT to amend the penal code, relating to the sentencing of 
convicts to state prisons, reformatories and penitentiaries. 

The People of the State of Neic York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Title eighteen of the penal code is hereby amended 
by inserting therein two new sections to be known as sections 
six hundred and eighty-seven-a, and six hundred and eighty- 
seven-b, and to read as follows: 

§ 687a. Indeterminate sentence defined. — The term " indeter- 
minate sentence/' as used in this act, and in any law relating to 
prisoners in state prisons and reformatories, means a sentence 
imposed upon a person convicted of a crime the minimum and 
maximum limits of which, only, are specified. 

§ 687b. Indeterminate sentences of convicts to state prisons. — 
A person over sixteen years of age, who is convicted of a felony 



216 
in any court of this state and sentenced to a state prison, shall be 
sentenced thereto under an indeterminate sentence, the minimum 
of which shall not be less than one year, or, in case a minimum is 
fixed by law, not less than such minimum, and the maximum of 
which shall not be more than the longest period fixed by law for 
which the crime is punishable, of which the offender is convicted. 
The maximum limit of such sentence shall be so fixed as to comply 
with the provisions of section six hundred and ninety-seven of 
this act. 



§ 2. Sections six hundred and eighty-eight and six hundred and 
eighty-nine of the penal code are hereby amended to read as 
follows: 

§ 688. Sentence of second offenders. — A person who, after hav- 
ing been convicted within this state, of a felony, or an attempt to 
commit a felony, or of petty larceny, or, under the laws of any 
other state, government or country, of a crime which, if com- 
mitted within this state, would be a felony, commits any crime 
within this state, is punishable, upon conviction of such second 
offense, as follows: 

[1. If the subsequent crime is such that, upon a first convic- 
tion, the offender might be punished, in the discretion of the court, 
by imprisonment for life, he must be sentenced to imprisonment 
in a state prison for life.J 

1. If the subsequent crime is such that, upon a first conviction, 
the offender would be punishable by imprisonment for any term 
less than his natural life, then such [person] offender shall be 



217 

sentenced to imprisonment [for a term not less than the longest 
term, nor more than twice the longest term, prescribed upon a 
first conviction.] under an indeterminate sentence, the minimum 
limit of which shall not be less than the longest term fixed by law 
as a punishment upon a first conviction of such subsequent crime, 
and the maximum limit of which shall not be more than twice 
such longest term. 



§ 689. Second offense. — A person, who, having been convicted 
within this state of a misdemeanor, afterwards commits and is 
convicted of a felony, must be sentenced to imprisonment under 
an indeterminate sentence, the maximum limit of which must be 
for the longest term prescribed for the punishment upon a first 
conviction for the felony. 

§ 3. Section six hundred and ninety-six of the penal code, as 
amended by chapter six hundred and sixty-two of the laws of 
eighteen hundred and ninety-two, is hereby amended to read as 
follows: 

§ 696. Convict, when sentenced for life. — When a crime is de- 
clared by statute to be punishable by imprisonment for not less 
than a specified number of years, and no limit of the duration 
of the imprisonment is declared, the court authorized to pro- 
nounce judgment upon conviction may, in its discretion, sentence 
the offender to imprisonment during his natural life, or [for any 
number of years not less than the amount prescribed] under an 
indeterminate sentence, the minimum limit of which shall not 
be less than the number of years prescribed. [When a crime is 



218 
declared by any of the provisions of this code to be punishable 
by imprisonment for not more than a specified number of years r 
the court authorized to pronounce judgment upon conviction may, 
in its discretion, sentence the offender to imprisonment for any 
time less than that prescribed by the provisions of this act.] 

§ 4. Section six hundred and ninety-seven of the penal code is 
hereby amended to read as follows: 

§ 697. Sentences; how limited. — When a convict is to be sen- 
tenced to imprisonment in a state prison [or a penitentiary,] the 
court before which the conviction was had must limit the 
maximum term of the sentence, having reference to the proba- 
bility of the convict earning a reduction of his term for good 
behavior, as provided by chapter twenty-one of the laws of eigh- 
teen hundred and eighty-six, and assuming that such reduction 
will be earned, so that the sentence will expire during either of the 
following months: April, May, June, July, August, September 
and October. But the provisions of this section shall not apply 
in the following cases: 

1. Where the sentence is to be for the term of one year or less. 

2. Where the term of imprisonment for the crime of which the 
convict was convicted absolutely fixes a single definite period of 
time. 

3. Where a judgment of conviction has been affirmed upon an 
appeal, and it becomes necessary for the court to impose the same 
sentence as that originally imposed. The officers of every prison 
[or penitentiary] are hereby expressly prohibited from taking 



219 
into their custody any convict sentenced in violation of the pro- 
visions of this section, and any convict so illegally sentenced shall 
be returned by the sheriff of the county where the conviction was 
held, to the court, to be resentenced in conformity to the pro- 
visions of this section. Provided, that if it shall appear to the 
officers of any prison [or penitentiary] at the time it is sought to 
incarcerate a convict therein, that the court which imposed the 
sentence has adjourned, then it shall be lawful for said officers to 
receive said convict and hold him in custody until he can be 
resentenced as herein provided, and the second or resentence 
shall be deemed to have begun on the date of the convict's recep- 
tion under his first sentence. The officers of any prison [or peni- 
tentiary] shall, in the case of a convict so illegally sentenced to 
imprisonment therein, immediately notify the court of their action. 

§ 5. Section six hundred and ninety-eight of the penal code, as 
amended by chapter three hundred and seventy-four of the laws 
of eighteen hundred and ninety-six, is hereby amended to read as 
follows: 

§ 698. Imprisonment of female convict. — Any woman over the 
age of sixteen years, who shall be convicted of a felony in any of 

the courts of this state, and sentenced to imprisonment therefor, 

/ 

shall,; [when the sentence imposed is one year or more,] 'be sen- 
V 

fenced to imprisonment in the state prison for women at Auburn. 
[When the sentence imposed is less than one year, she shall be 
committed to the county jail of the county where convicted, or to 
a penitentiary, or to a house of refuge for women.] J 



220 

§ 6. Section six hundred and ninety-nine of the penal code, as 
amended by chapter five hundred and fifty-three of the laws of 
eighteen hundred and ninety-six, is hereby amended to read as 
follows: 

§ G99. Sentence of persons between the ages of sixteen and 
twenty-one years to county jails and penitentiaries. — Where a 
male person between the ages of sixteen and twenty-one years is 
convicted of a felony, for where] and the term of his imprison- 
ment [of a male convict for felony] is fixed by the trial court 
at less than one year [or less], the court must direct the convict 
to be imprisoned in a county penitentiary, [instead of a state 
prison] or in the county jail located in the county where the sen- 
tence is imposed. Whenever a child under the age of fourteen 
years, is charged with the perpetration of a crime, other than a 
capital crime, which if committed by an adult, would be a felony, 
the child shall, in the discretion of the court, be tried as for a 
misdemeanor, and the court, magistrate or tribunal before whom 
such trial is held, shall impose the penalty as prescribed by law 
in the case of misdemeanors. 

§ 7. Section seven hundred of the penal code is hereby amended 
to read as follows : 

§ 700. Sentence to reformatories of persons between sixteen and 
thirty years of age. — A male between the ages of sixteen and 
thirty years, convicted of felony, who has not theretofore been 
convicted of a felony [crime, punishable by imprisonment in a 
state prison] may, in the discretion of the trial court be sen- 



221 
tenced to imprisonment in the [New York State Reformatory at] 
Elmira Reformatory, or the Eastern Reformatory at Napanoch 
when completed and ready for occupancy, to be there confined 
under the provisions of law relating to such reformatories. Such 
imprisonment may be terminated by the managers of the reform- 
atory to which such person is sentenced, as authorized by the 
prison law, but shall not continue for a longer period than the 
maximum term provided by law for the crime of which the 
prisoner was convicted. 

§ 8. Sections seven hundred and three and seven hundred and 
four of the penal code are hereby amended to read as follows : 

§ 703. Imprisonment in county jail or state prison. — No person 
shall be sentenced to imprisonment in a penitentiary or county 
jail for a term of more than one year. Where a person is con- 
victed of [a crime, for which the punishment inflicted is impris- 
onment for a term of one year, he may be sentenced to and the 
imprisonment may be inflicted by confinement either in a county 
jail, or in a penitentiary or state prison. No person shall be sen- 
tenced to imprisonment in a state prison for less than one year.] 
a misdemeanor and sentenced to imprisonment therefor, such 
imprisonment shall be for a term of not more than one year in a 
penitentiary or county jail. 

§ 704. Imprisonment in state prison. — No person shall be sen- 



tenced to imprisonment in a state prison for a term of less than 
one year. Where a person is convicted of a felony, [crime for 
which the punishment inflicted is imprisonment for a term ex- 



222 
ceeding one year, or is sentenced to imprisonment for such a 
term] and sentenced to imprisonment therefor, he shall be con- 
fined in a state prison at hard labor for not less than one year. 
But this and the last two sections shall not apply to a case where 
special provision is made by statute as to the punishment for any 
particular offense or class of offenses or offenders, nor to the cases 
specified in section six hundred and ninety-eight, six hundred 
and ninety-nine, seven hundred and seven hundred and one. 

§ 9. Section seventy-four of chapter four hundred and sixty of 
the laws of eighteen hundred and forty-seven, as amended by 
chapter three hundred and eighty -two of the laws of eighteen 
hundred and eighty-nine, and section nine of chapter seven hun- 
dred and eleven of the laws of eighteen hundred and eighty-seven 
are hereby repealed, but the repeal of such sections shall not 
affect any action heretofore taken thereunder or lessen or in any 
way affect the term of imprisonment of prisoners confined in a 
state prison or the Elmira Reformatory and sentenced thereto 
prior to the taking effect of this act. 

§ 10. This act shall take effect October first, eighteen hundred 
and ninety-nine. 



LB |\| '07 



